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SCHOOL  LAWS 

STATE  OF  MISSISSIPPI 


CHAPTERS:    125,  Schools;  13f,  County  Superintendents; 
138,  State  Superintendent 


Annotated  Code  of  1906 


NASHVILLE,    TENN. 

BRANDON     PRINTING     COMPANY 

1  9  06 


e> 
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CHAPTER  125. 

SCHOOLS. 

4485.  (3962)    Uniform  system  of. — There  shall  be  main- 
tained a  uniform  system  of  free  public  schools  for  all  chil- 
dren between  the  ages  of  five  and  twenty-one  years. 

4486.  (3963)  Board   of   education;   its   meetings — The 
board  of  education  created  by  the  constitution  shall  hold  its 
sessions  at  the  seat  of  government.     It  may  appoint  the 
time  of  meeting,  and  a  called  meeting  of  the  board  may 
he  held  at  any  time  upon  the  call  of  a  member  thereof. 

448?-  (3965)  The  same;  to  decide  appeals — The  board 
of  education  shall  decide  all  appeals  from  the  decisions  of 
county  superintendents,  or  from  the  decisions  of  the  state 
superintendent;  but  all  matters  relating  to  appeals  shall  be 
presented  in  writing,  and  the  board's  decision  shall  be  final. 

4488.  (3967)   The  same;  to  remove  them  in  certain  cases. 
—For  continued  neglect  of  duty,  for  drunkenness,  incom- 

petency  or  official  misconduct,  the  board  of  education  may 
remove  a  county  superintendent;  but  before  removal  the 
officer  shall  have  ten  days'  notice  of  the  charge,  and  be 
allowed  opportunity  to  make  defense.  The  members  of  the 
board  are  authorized  to  administer  oaths,  and  to  take  or 
cause  depositions  to  be  taken,  and  have  the  powers  of  a 
court  to  compel  witnesses  to  attend  and  testify  in  all  matters 
of  investigation  by  the  board. 

4489.  (3968)   The  same;  to  audit  claims. — The  board  of 
education  shall  audit  all  claims  against  the  common  school 
fund,  and  allow  so  much  as  may  be  justly  due,  not  to  exceed 
the  amount  allowed  by  law. 

4490.  (3969)   The  same;  to  fix  expenses  of  state  super- 
intendent's office. — The  board  of  education  shall  determine 
the  necessary  contingent  expenses  of  the  superintendent's 
office,  including  stationery,  postage,  printing,  furniture,  and 

247901 


other  things  necessary,  and  shall  examine  the  accounts  there- 
for, and  certify  the  same  for  payment. 

4491.  (3970)   The  same;  administration;  course  of  study; 
arbor  day — The  board  of  education  shall  regulate  all  mat- 
ters arising  in  the  practical  administration  of  the  school 
system  which  are  not  otherwise  provided  for;  and  it  may 
adopt  a  course  of  study  to  be  pursued  in  the  schools  and  may 
designate  a  day  to  be  observed  as  arbor  day,  which  shall  be 
devoted  to  the  planting  of  trees  and  otherwise  improving  the 
school  grounds. 

4492.  (3971)  State   superintendent;    to   require  reports 
from  county  superintendents. — The  superintendent  of  public 
education  shall  require  annually,  and  as  often  besides  as  he 
may  deem  proper,  of  the  county  superintendents  detailed  re- 
ports of  the  educational  business  of  his  county,  and  shall  give 
him  all  necessary  instructions. 

4493-  (3972)  The  same;  to  prepare,  have  printed,  and 
furnish  the  laws,  blanks,  books,  etc.,  to  school  officers. — The 
superintendent  of  public  education  shall  prepare,  have  print- 
ed, and  furnish  all  officers  charged  with  the  administration 
of  the  laws  pertaining  to  the  public  schools,  such  blank 
forms  and  books  as  may  be  necessary  to  the  proper  dis- 
charge of  their  duties,  and  the  questions  for  the  examina- 
tion of  teachers.  He  shall  have  the  laws  pertaining  to  the 
public  schools  printed  in  pamphlet  form,  and  publish  therein 
forms  for  conducting  school  business,  the  rules  and  regu- 
lations for  the  government  of  schools  that  he  or  the  board  of 
education  may  recommend,  and  such  other  matters  as  may 
be  deemed  worthy  and  of  public  interest  pertaining  to  the 
subject. 

4494.  (3973)  The  same;  conference  with  county  superin- 
tendents.— The  state  superintendent  may  meet  the  county 
superintendents  of  each  judicial  district  or  of  two  or  more 
districts  combined,  at  such  time  and  place  as  he  shall  ap- 
point, giving  them  due  notice  of  such  meeting.  The  objects 
of  such  meetings  shall  be  to  accumulate  facts  relative  to 
schools,  to  compare  views,  to  discuss  principles,  to  hear  dis- 


cussions  and  suggestions  relative  to  the  examinations  and 
qualifications  of  teachers,  methods  of  instruction,  text-books, 
institutes,  visitation  of  schools,  and  other  matters  embraced 
in  the  public  school  system. 

4495'  (3974)  The  same;  official  opinions. — The  state  su- 
perintendent shall,  at  the  request  of  any  county  superintend- 
ent, give  his  opinion,  upon  a  written  statement  of  the  facts, 
on  all  questions  and  controversies  arising  out  of  the  inter- 
pretation and  construction  of  the  school  laws  in  regard  to 
the  rights,  powers  and  duties  of  school  officers  and  county 
superintendents,  and  shall  keep  a  record  of  all  such  decisions. 
Before  giving  any  opinion  the  superintendent  may  submit 
the  statement  of  facts  to  the  attorney-general  for  his  advice 
thereon;  and  it  shall  be  the  duty  of  the  attorney-general 
forthwith  to  examine  such  statement  and  suggest  the  proper 
decision  to  be  made  upon  such  facts. 

4496.  (3975)  The  same;  to  advise  county  superintend- 
ents.— The  state  superintendent  shall  advise  county  superin- 
tendents upon  all  matters  involving  the  welfare  of  the 
schools.  (See  Sees.  4809-4816.) 

4497-  (3979)  The  same;  duties  generally. — It  shall  be 
the  duty  of  the  county  superintendent: 

(a)  To  employ  for  each  school  under  his  supervision, 
such  teacher  or  teachers  as  may  be  recommended  by  the  local 
trustees;  but  the  teacher  shall  hold  his  certificate  of  proper 
date  and  grade  and  execute  the  required  contract; 

(b)  To  examine  the  monthly  reports  of  teachers  and  re- 
quire the  signatures  of  a  majority  of  the  trustees  certifying 
to  the  accuracy  of  the  report,  and  upon  the  report  thus  certi- 
fied to  issue  a  pay-certificate  showing  the  amount  of  salary 
due,  and  the  scholastic  month  for  which  it  is  issued.  The  pay- 
certificate  must  be  in  the  form  prescribed  by  the  board  of 
education,  and  a  stub  duplicate  made  out  and  preserved  in 
his  office; 

(c)  To  fix  the  salaries  of  teachers  and  to  make  contracts 
with  them; 


6 

(d)  To  enforce  the  course  of  study  adopted  by  the  board 
of  education,  and  the  uniform  text-books  adopted  for  the 
county ; 

(e)  To  enforce  the  law  and  the  rules  and  regulations  in 
reference  to  the  examination  of  teachers ; 

(f)  To  visit  the  schools  and  require  teachers  to  perform 
all  their  duties; 

(g)  To  select  and  employ  teachers   for  public  schools 
whose  trustees  fail  to  report  a  selection  within  ten  days  of 
the  time  fixed  by  the  county  school  board  for  the  beginning 
of  the  term; 

(h)  To  administer  oaths  in  all  cases  of  teachers,  trustees, 
and  others  relating  to  the  schools,  and  to  take  testimony  in 
appeal  cases  under  the  school  law ; 

(i)  To  keep  on  file  and  preserve  in  his  office  the  biennial 
report  of  the  superintendent  of  public  education,  and  all  cir- 
cular letters  sent  out  by  him,  and  a  copy  of  the  school  law ; 

(/)  To  distribute  promptly  all  reports,  laws,  forms,  cir- 
culars and  instructions  which  he  may  receive  for  the  use  of 
school  officers  and  teachers,  from  the  state  superintendent 
of  public  education. 

(k)  To  carefully  preserve  all  reports  of  school  officers  and 
teachers,  and,  at  the  close  of  the  term  of  office,  deliver  to 
his  successor  all  records,  books,  documents,  and  papers  be- 
longing to  the  office,  taking  a  receipt  for  the  same,  which 
shall  be  filed  in  the  office  of  the  chancery  clerk ; 

(/)  To  make  annually,  on  or  before  the  first  day  of  Octo- 
ber, a  written  report  to  the  board  of  supervisors  and  mayor 
and  board  of  aldermen  of  the  municipality,  constituting  a 
separate  school  district,  showing  the  name,  sex,  and  color  of 
the  teachers  employed  during  the  preceding  scholastic  year, 
the  number  of  months  taught  by  each,  and  the  aggregate 
amounts  of  pay-certificates  issued  to  each  and  to  all;  and 
the  report  shall  be  filed  in  the  office  of  the  chancery  clerk 
or  the  municipal  clerk,  as  the  case  may  be,  and  be  com- 
pared by  said  officer  with  the  pay-certificates  of  the  county 
superintendent  for  the  period  embraced  in  the  report; 


(m)  To  file  with  the  chancery  and  municipal  clerks,  be- 
fore issuing  any  pay-certificate  for  the  current  term,  lists  of 
the  teachers  employed,  and  the  monthly  salary  of  each  as 
shown  by  the  contract,  and  to  add  to  the  list  any  teachers 
subsequently  employed ; 

(n)  To  keep  in  his  office  and  carefully  preserve  the  pub- 
lic school  record  provided;  to  enter  therein  the  proceedings 
of  the  county  school  board,  the  decisions  of  appeal  cases, 
and  other  official  acts;  a  list  of  the  teachers  examined,  li- 
censed, and  employed;  and,  within  ten  days  after  they  are 
rendered,  to  record  the  data  required  from  the  monthly  and 
term  reports  of  teachers,  and  the  annual  reports  of  county 
and  separate  school  district  treasurers ;  and  from  the  summa- 
ries of  records  thus  kept,  to  render,  on  or  before  the  twen- 
tieth of  October  an  annual  report  to  the  state  superintendent 
in  the  form  and  containing  the  particulars  required ; 

(0)  To  observe  such  instruction  and  regulations  as  the 
board  of  education  may  from  time  to  time  prescribe,  and 
make  special  reports  to  those  officials  whenever  required; 
and 

(/>)  To  perform  such  other  duties  as  may  be  required  of 
hiir,  by  law  or  the  rules  and  regulations  of  the  board  of  edu- 
cation ;  and  in  no  case  shall  he  receipt  for  a  teacher's  war- 
rant, or  collect  the  money  on  the  same. 

4498.  (3980)  The  same;  penalty  for  failure  to  report. — 
If  a  county  superintendent  fails  to  make  his  annual  report 
to  the  state  superintendent  by  the  twentieth  day  of  October, 
he  forfeits  fifty  dollars  of  his  salary ;  and  the  board  of  su- 
pervisors, upon  receiving  from  the  state  superintendent  of 
public  education  notice  of  such  failure,  must  deduct  the 
amount  forfeited  from  his  salary. 

4499-  (398i)  The  same;  office  days. — The  county  super- 
intendent shall  be  at  the  county  seat  on  Saturdays  of  each 
scholastic  month  of  the  term  to  receive  monthly  reports, 
issue  pay-certificates,  and  attend  to  other  official  duties.  If 
absent,  without  leave  previously  granted  by  the  board  of 
supervisors,  the  board  shall  deduct  from  his  salary  ten  dol- 


8 

lars  for  each  day's  absence,  unless  prevented  by  illness  or 
other  unavoidable  cause.  And  when  there  are  two  judicial 
districts  in  his  county,  the  superintendent  shall  alternate, 
going  to  the  courthouse  of  the  districts  alternately.  (See 
Sees.  3482,  4813.) 

45°°-  (3982)  The  same;  reports. — The  county  superin- 
tendent shall  make  to  the  board  of  supervisors  and  mayor 
and  board  of  aldermen  of  a  municipality  constituting  a  sepa- 
rate school  district,  reports  for  each  scholastic  month,  which 
shall  show  the  amount  of  pay-certificates  issued  for  that 
month,  together  with  a  statement  showing  the  schools  vis- 
ited, the  date  of  visitation,  and  the  time  he  spent  in  each 
school  during  his  visit ;  and  it  shall  be  unlawful  to  allow  the 
salary  of  the  superintendent  until  said  report  be  on  file. 

4501.  (3983)  The  same;  salary,  how  paid. — The  salary  of 
the  county  superintendent  shall  be  paid  monthly  out  of  the 
county  school  fund,  on  allowance  of  the  board  of  super- 
visors after  it  has  approved  the  report  required  to  be  made 
to  it  every  month  by  the  superintendent,  and  the  salary  is 
fixed  at  five  per  centum  of  the  total  school  fund  received 
by  the  county  annually;  but  a  county  superintendent  shall 
not  receive  more  than  twelve  hundred  dollars,  nor  less  than 
seven  hundred  and  twenty  dollars  per  annum,  and  in  fixing 
the  salary  for  any  year  it  shall  be  based  on  the  amount  of 
school  funds  received  by  the  county  during  the  preceding 
scholastic  year;  provided,  the  board  of  supervisors  may  fix 
the  salary  of  the  county  superintendent  at  an  amount  be- 
tween twelve  and  eighteen  hundred  dollars,  without  refer- 
ence to  the  amount  of  the  school  fund,  and  when  the  board 
of  supervisors  so  fixes  the  salary  of  a  county  superintendent, 
such  county  superintendent  shall  not  pursue  any  other  secu- 
lar profession  or  business  of  a  public  nature,  but  shall  de- 
vote his  entire  time  to  the  duties  of  his  office.  Municipalities 
constituting  separate  school  districts  and  rural  separate 
school  districts  shall  pay  their  proportionate  part  of  salary, 
estimated  upon  the  amount  of  funds  received  from  the  state 
distribution. 


9 

4502.  (3984)  The  same;  visiting  schools. — The  county 
superintendent  shall  visit  all  the  schools  in  his  county  at 
least  once  during  the  term.  On  the  first  visit  he  shall 
remain  at  least  two  hours,  and  shall,  in  county  schools,  cor- 
rect any  deficiency  which  may  exist  in  the  classification  of 
the  pupils  or  the  government  of  the  school ;  and  in  separate 
school  districts  he  shall  call  the  attention  of  the  trustees 
to  such  deficiencies  for  correction  by  them.  He  shall  note 
down  the  condition  and  value  of  the  building  and  lot,  and 
of  the  furniture,  the  methods  of  instruction,  the  branches 
taught,  and  his  estimate  of  the  ability  of  the  teacher  to  con- 
duct a  school.  He  shall  give  such  directions  and  make  such 
recommendations  as  he  deems  expedient  and  needful  to  se- 
cure the  best  results  in  the  instruction  of  the  pupils,  and  shall 
examine  the  classes  to  see  that  thorough  work  is  done.  He 
shall  urge  patrons  to  provide  their  children  with  comforta- 
ble and  well-furnished  schoolhouses.  For  every  school  not 
so  visited,  the  board  of  supervisors  must,  on  proof  thereof, 
deduct  ten  dollars  from  his  salary. 

45°3-  (39^5)  The  same;  to  settle  disputes  in  schools. — 
In  all  controversies  arising  under  the  school  law,  the  opin- 
ion and  advice  of  the  county  superintendent  shall  first  be 
sought,  from  whose  decision  an  appeal  may  be  taken  to 
the  state  board  of  education,  upon  a  written  statement  of 
the  facts,  certified  by  the  county  superintendent  or  by  the 
secretary  of  the  trustees. 

4504.  (3986)  The  same;  may  suspend  or  remove  a  teach- 
er or  trustee;  fill  vacancies. — For  incompetency,  neglect  of 
duty,  immoral  conduct,  or  other  disqualification,  the  county 
superintendent  may  suspend  or  remove  any  teacher  or  trus- 
tee from  office,  except  in  separate  school  districts.  And  for 
the  purpose  of  conducting  inquiries  and  trials,  the  superin- 
tendent has  the  same  power  as  a  justice  of  the  peace  to  issue 
subpoenas  for  witnesses,  and  to  compel  their  attendance  and 
the  giving  of  evidence  by  them.  When  from  such  cause, 
or  from  death,  resignation,  or  other  cause,  a  vacancy  in 
either  of  the  above  named  offices  occurs,  it  shall  be  the  duty 


10 

of  the  county  superintendent,  within  ten  days  after  the  va- 
cancy occurs,  or  as  soon  thereafter  as  practicable,  to  supply 
the  same  by  appointment. 

45°5-  (3987)  The  same;  may  revoke  teachers'  license. — 
For  intemperance,  immoral  conduct,  brutal  treatment  of  a 
pupil,  or  other  good  cause,  the  county  superintendent  may 
revoke  the  license  of  a  teacher;  but  the  teacher  shall  be 
allowed  an  appeal  to  the  state  board  of  education,  to  whom 
statement,  under  oath,  of  the  facts  may  be  made  by  the  su- 
perintendent and  other  interested  parties.  The  teacher  must 
be  notified  of  the  charges  ten  days  before  the  trial,  by  the 
county  superintendent. 

4506.  (3988)  The  same;  duty  to  successor. — The  county 
superintendent,  when  he  resigns,  vacates,  is  removed,  or 
goes  out  of  office,  shall,  within  ten  days  thereafter,  deliver 
to  his  successor  or  to  the  clerk  of  the  chancery  court  for 
him,  all  money,  property,  books,  effects  or  papers  remaining 
in  his  hands. 

45°7-  (3989)  The  same;  record  of  names  of  trustees,  etc.; 
official  notices. — The  county  superintendent  shall  attend  at 
his  office  on  the  fourth  Saturday  in  September  of  every  year 
to  receive  the  certificates  of  election  of  trustees.  He  shall 
make  a  record  of  the  names  of  trustees,  showing  the  dis- 
tricts in  which  they  were  elected,  and  the  postoffice  of  each. 
He  shall  at  that  time  deliver  to  the  trustees  of  each  district 
such  blanks  as  they  will  need  for  the  coming  school  year, 
and  give  them  such  information  with  regard  to  their  duties  as 
may  be  required.  He  shall  address  all  official  correspondence 
to  the  trustees ;  and  notice  to  them  shall  be  regarded  as 
notice  to  the  people  of  the  district,  and  it  shall  be  the  duty 
of  the  trustees  to  notify  the  people. 

45o8.  (3990)  The  same;  not  to  speculate  in  teachers'  war- 
rants, etc — Any  county  superintendent,  or  other  county  offi- 
cer, his  agent  or  deputy,  who  shall  purchase  any  teacher's 
warrant  or  pay  certificate  at  less  than  the  amount  for  which 
the  same  shall  be  drawn,  or  at  a  discount,  or  shall  cause 
another  person  so  to  purchase  the  same,  or  shall  in  any  way, 


11 

directly  or  indirectly,  realize  a  profit  from  any  transaction 
in  teachers'  warrants  or  pay-certificates,  or  any  trade  or 
speculation  therein,  or  loan  or  advance  thereon,  shall  be 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  fined 
not  less  than  one  hundred  dollars,  nor  more  than  five  hun- 
dred dollars,  to  be  deducted  from  any  money  due  him  as  sal- 
ary, or  recoverable  on  his  bond;  and  one-half  of  said  fine 
shall  be  paid  to  the  person  giving  information  of  the  mis^ 
demeanor,  and  the  guilty  superintendent  shall  be  removed 
from  office.  (See  Sees.  981,  1315.) 

4509.  Deputies;    when    appointed;    compensation. — The 
county  superintendent  of  education  may,  when  prevented  by 
sickness  from  attending  to  the  duties  of  the  office,  appoint  a 
deputy,  who  shall  be  authorized  to  discharge  all  duties  per- 
taining thereto.     The  qualifications  of  the  deputy  shall  be 
the  same  as  the  qualifications  of  a  first  grade  teacher.    The 
deputy  superintendent  shall  be  paid  not  less  than  seventy- 
five  per  centum  of  the  salary  the  county  superintendent  shall 
receive  for  an  equal  period  of  time,  and  shall  be  paid  out  of 
the  salary  of  the  superintendent  of  education. 

4510.  (3991)  School  boards;  how  appointed,  etc. — There 
shall  be  a  county  school  board,  consisting  of  one  member 
from  each  supervisor's  district,  to  be  appointed  for  a  term  of 
four  years,  by  the  superintendent,  within  ninety  days  after 
his  term  of  office  begins,  the  appointments  to  be  subject 
to  ratification  by  the  board  of  supervisors.    A  majority  of 
the  members  shall  be  a  quorum   for  the  transaction  of 
business.     For  neglect  of  duty  the  superintendent  may  re- 
move a  member  of  the  school  board ;  and  he  shall  fill  all  va- 
cancies occurring  from  any  cause. 

4511.  (3992)  The  same;  how  to  qualify;  compensation. — 
Members  of  the  county  school  board  shall  qualify  by  sub- 
scribing to  the  oath  of  office  before  the  superintendent,  and 
shall  receive  as  compensation  for  their  services,  three  dollars 
for  each  day's  actual  service,  to  be  paid  as  teachers'  salaries 
are  paid ;  but  they  shall  not  be  paid  for  more  than  five  days 
in  any  one  year. 


12 

45 12.  (3993)   The  same;  ex  officio  president;  boundaries 
of  school   districts. — The   county   superintendent   shall   be 
president  of  the  school  board,  and  shall  convene  it  annually, 
prior  to  the  first  day  of  August,  to  define  the  boundaries 
of  the  school  districts  of  the  county  outside  of  the  separate 
school  districts,  or  to  make  alterations  therein,  and  to  des- 
ignate the  location  of  the  schoolhouse  in  each  district,  if  not 
already  located.     (See  Sec.  3072.) 

4513.  (3994)   The  same;  certain  institutions  of  learning 
considered  (Laws  1900,  ch.  117). — In  districts  containing 
not  more  than  one  chartered  institution  of  learning,  the 
board  shall  locate  the  public  school,  if  it  be  so  desired  by 
the  authorities  of  the  chartered  institution,  with  the  consent 
of  the  trustees  of  the  chartered  institution,  at  the  site  there- 
of;  and  the  public  school  shall  be  conducted  in  accordance 
with  the  rules  and  regulations  of  the  chartered  institution  of 
learning,  and  the  local  trustees  of  public  schools,  and  the 
trustees  of  the  chartered  school  shall,  in  joint  session,  elect 
teachers  for  the  public  school. 

4514.  (3995)   The  same;  separate  districts  for  the  races; 
descriptions  of  districts   (Laws  1896,  ch.   no). — Separate 
districts  shall  be  made  for  the  schools  of  the  white  and 
colored    races,    and    the    districts    for    each    race    shall 
embrace    the    whole    territory    of    the    county    outside 
the    separate    school    districts.      A    regular    school    dis- 
trict   shall    not    contain    less    than    forty-five    educable 
children    of    the    race    for    which    the     district    is    es- 
tablished, except  where  too  great  distance  or  impassable  ob- 
structions would  debar  children  from  school  privileges;  in 
such  cases  the  school  board  may,  in  its  discretion,  establish 
a  regular  district  containing  not  less  than  fifteen  educable 
children.    In  places  where  swamps,  large  streams,  or  other 
bodies  of  water  which  are  not  crossed  by  foot  bridges  ren- 
der it  impracticable  to  establish  regular  districts  as  above 
provided,  the  school  board  may  establish  special  districts 
for   such  children  as   live   in  the   forks  or  bends  of  the 
streams  or  other  bodies  of  water,  or  who  are  prevented  from 


13 

attending  school  by  other  impassable  obstruction;  provided 
that  a  special  district  shall  not  be  established  for  less  than 
ten  educable  children,  but  such  special  district  may  contain 
less  than  nine  square  miles  of  territory,  and  the  whole  num- 
ber of  such  special  districts  in  a  county  shall  not  exceed  one- 
fifth  of  the  number  of  regular  districts;  adjacent  parts  of 
counties  may,  by  the  county  school  board,  be  embraced  in 
a  line  school  district,  the  superintendent  previously  consent- 
ing thereto  and  reporting  to  the  board  the  territory  to  be  so 
included.  Trustees  of  such  districts  may  reside  in  either 
county.  The  teacher  may  be  licensed  in  either  county,  but 
the  superintendent  must  previously  agree  upon  the  amount 
of  salary  to  be  paid,  and  each  must  contract  with  the  teacher 
for  the  proportionate  part  of  the  salary,  and  shall  require  the 
teachers'  monthly  reports  to  him  to  show  the  statistics  of 
the  whole  school,  and  also  separately  those  of  his  county.  In 
defining  the  boundaries  of  school  districts  the  school  board 
shall  pay  due  regard  to  the  larger  water-courses  of  the 
county,  using  parts  of  them  as  boundary  lines  whenever 
practicable.  In  counties  not  laid  off  into  townships,  the 
metes  and  bounds  of  the  school  districts  shall  be  defined  by 
streams,  by  the  line  of  farms,  or  otherwise. 

45 J5-  (3996)  The  same;  districts  so  made  that  all  chil- 
dren can  attend. — The  districts  shall  be  so  arranged  as  to 
place  all  children  within  reasonable  distance  of  a  school- 
house  ;  and  one  public  school  shall  be  maintained  in  each  dis- 
trict ;  but  when  less  than  five  children  attend  school  in  a  dis- 
trict, the  school  shall  be  discontinued  by  the  superintendent 
at  the  end  of  any  scholastic  month. 

4516.  (3997)  Attendance  out  of  proper  distance. — Chil- 
dren residing  in  one  district  may  attend  school  in  another, 
with  the  consent,  in  writing,  of  the  trustees  of  both  districts, 
and  of  the  county  superintendent;  but  pupils  shall  not  be 
allowed  to  attend  more  than  one  term  during  a  scholastic 
year. 

45 17-  (399S)  Teachers'  register  and  outline  map. — It 
shall  be  the  duty  of  the  county  superintendent  to  prepare, 


14 

on  township  blanks,  an  outline  map,  showing  the  numbers  of 
the  sections  and  parts  of  sections  embraced  in  each  school 
district  outside  of  the  separate  school  district,  and  to  paste 
the  same  in  the  school  register  for  the  district  before  deliver- 
ing it  to  the  teacher  thereof.  It  shall  be  unlawful  to  issue 
a  pay  certificate  to  the  teacher  of  any  district  not  established 
and  recorded  in  accordance  with  the  provisions  of  the  law. 

45*8-  (3999)  Trustees;  qualifications;  how  elected  (Laws 
1894,  ch.  65). — There  shall  be  three  trustees  for  each  of  said 
school  districts,  each  to  be  chosen  for  a  term  of  three  years, 
but  so  chosen  that  one  will  be  selected  every  year.  They 
shall  be  persons  of  good  character,  patrons  of  the  school, 
and  able  to  read  and  write.  The  trustees  shall  be  elected  by 
the  patrons  of  the  school,  except  in  separate  school  districts. 

4519.  (4000)   The  same;  when  and  how  elected  and  certi- 
fied (Laws  1894,  ch.  65). — On  the  first  Saturday  of  August 
of  each  year  the  patrons  of  each  district  not  constituting  a 
separate  school  district  shall  meet  at  the  schoolhouse  at  two 
o'clock  p.m.,  organize  and  select  a  chairman  and  secretary, 
and  elect  by  ballot  one  trustee  for  three  years.     At  every 
such  meeting  the  holding  over  trustees  shall  have  prepared 
and  present  a  list  of  the  names  of  patrons  entitled  to  vote  for 
trustees.    The  chairman  and  secretary  shall  forthwith  cer- 
tify the  result  of  the  election  to  the  county  superintendent, 
and  cause  the  certificate  thereof  to  be  delivered  to  him  on 
or  before  the  following  Saturday.    If  from  any  cause  a  va- 
cancy occurs  in  the  office  of  trustee,  outside  of  a  separate 
school  district,  the  county  superintendent  shall  fill  the  same 
by  appointment,  unless  the  patrons  thereof  shall  fill  the  same 
by  an  election  within  ten  days  after  such  vacancy  occurs. 

4520.  (4001)   The  same;  vacancy;  how  filled. — If  from 
a  failure  to  qualify,  or  from  other  cause,  there  be  a  vacancy 
in  the  office  of  trustee,  outside  of  a  separate  school  district, 
the  county  superintendent  shall  fill  the  same  by  appoint- 
ment, in  writing;  and  the  trustee  so  appointed  shall  hold 
office  until  the  end  of  the  vacant  term,  and  until  his  suc- 
cessor be  elected. 


15 

4521-  (4°°2)  The  same;  quorum;  executive  officer;  re- 
movals— Two  of  the  trustees  constitute  a  quorum  to  trans- 
act business.  Upon  organization,  the  trustees  shall  select 
a  secretary,  whose  duty  it  shall  be  to  preside  at  all  meet- 
ings, to  make  the  reports,  and  to  perform  all  other  duties 
required  by  law.  If  a  trustee  refuse  to  discharge  the  duties 
of  the  office  or  refuse  to  patronize  the  school,  the  office  shall 
become  vacant,  and  the  county  superintendent  shall  appoint 
another  person  to  be  trustee. 

4522.  (4003)   The  same;  to  select  teacher. — The  trustees 
shall  meet  annually,  on  or  before  the  fifteenth  day  of  Sep- 
tember, to  select  a  teacher  if  the  school  be  opened  during 
the  winter  term,  and  they  shall  at  once  notify  the  county 
superintendent  of  their  selection.     If  the  trustees  fail  so  to 
report,  or,  if  the  teacher  selected  fail  to  obtain  a  license, 
the  superintendent  shall  appoint  a  licensed  teacher,  and  have 
the  school  taught  during  the  winter  term. 

4523.  (4004)   The  same;  to  examine  enumerations. — The 
trustees  shall  scrutinize  carefully  the  enumeration  of  educa- 
ble  children  who  attend  the  school  made  by  the  teacher, 
see  that  the  children  of  the  district  and  none  others  are  in- 
cluded in  the  list,  and  certify  the  same  over  their  official 
signatures  placed  in  the  teacher's  register  at  the  end  of  the 
list;  and  the  enumeration  thus  reported  and  certified  shall 
guide  the  superintendent  in  determining  the  salary  of  the 
teacher  for  the  ensuing  year. 

4524.  (4005)   The  same;  other  duties. — The  trustees  may 
suspend  or  expel  a  pupil  for  misconduct,  and  shall  look  after 
the  interests  of  their  schools,  visit  the  same  at  least  once 
during  each  month  by  one  or  more  of  their  number,  see 
that  fuel  is  provided,  protect  the  school  property  and  care 
for  the  same  during  vacation,  and  arbitrate  difficulties  or 
disputes  between  teachers  and  pupils ;  but  either  party  feel- 
ing aggrieved  by  their  decision,  may  appeal  to  the  county 
superintendent,  and  from  him  to  the  state  board  of  educa- 
tion.    And  the  trustees  may  make  provisions  for  the  com- 
fort and  welfare  of  the  pupils;  but  the  same  shall  not  in- 


16 

volve  an  expenditure  of  money  not  already  appropriated 
for  the  purpose  by  the  proper  authorities. 

4525.  (4006)  Trustees  of  separate  school  districts. — The 
powers  and  duties  of  trustees  of  separate  school  districts  are 
as  follows : 

(a)  To  prescribe  and  enforce  rules,  not  inconsistent  with 
law  or  those  prescribed  by  the  state  board  of  education,  for 
their  own  government  and  government  of  schools,  and  to 
transact  their  business  at  regular  or  special  meetings  called 
for   such   purpose,   notice   of   which   shall   be   given   each 
member. 

(b)  To  manage  and  control  the  school  property  within 
their  district,  and  to  employ  janitors ; 

(c)  To  enforce  in  schools  the  course  of  study  and  the 
use  of  text-books  prescribed  and  adopted  by  the  proper 
authority ; 

(d)  To  appoint  librarians  therefor,  and  enforce  the  rules 
prescribed  for  the  government  of  school  libraries. 

(e)  To  exclude  from  school  and  school  libraries  all  books, 
publications,  or  papers  of  a  sectarian,  partisan,  denomina- 
tional or  immoral  character; 

(/)  To  suspend  and  expel  pupils  for  misconduct; 

(g)  To  visit  every  school  of  their  district  at  least  once  in 
each  month,  and  examine  carefully  into  its  management, 
condition  and  wants ; 

(h)  To  maintain  all  the  schools  under  their  control  for 
an  equal  length  of  time  during  the  year ; 

(i)  To  furnish  blackboards  and  other  necessary  furniture 
for  the  use  of  the  schools. 

(/)  To  elect  a  superintendent,  if  one  be  required,  and  a 
principal  for  each  of  the  schools,  and  prescribe  their  powers 
and  duties; 

(£)  To  elect  teachers,  fix  their  salaries,  terms  of  service, 
contract  with  them,  and  impose  fines  and  penalties  for 
neglect  of  duty ;  but  they  cannot  contract  with  a  principal  or 
teacher  who  does  not  hold  a  license  from  the  county  super- 
intendent ; 


17 

(/)  To  require  the  principal  of  each  school  to  keep  the 
records  thereof  in  such  manner  as  to  show,  by  age,  race  and 
sex,  the  educable  children  who  attend  the  school,  the  enroll- 
ment and  the  average  attendance,  and  at  the  end  of  the 
term  to  make  complete  term  report  to  the  trustees,  showing 
the  above  statistics  and  such  others  as  may  be  required  of 
the  county  superintendent  for  his  annual  report  to  the  state 
board  of  education.  The  secretary  of  the  trustees  shall, 
within  ten  days  after  the  close  of  the  term,  transmit  their 
report  to  the  county  superintendent;  and  it  shall  be  unlaw- 
ful for  the  superintendent  to  issue  pay-certificates  for  the 
last  month's  attendance  of  county  pupils  until  said  report  is 
filed  with  him. 

(m)  To  determine  annually  the  amount  of  money  re- 
quired for  the  support  of  the  public  schools  and  for  carrying 
into  effect  all  the  provisions  of  the  law  in  reference  thereto ; 
and  in  the  pursuance  of  this  provision  the  trustees  shall,  on 
01  before  the  fifteenth  of  July  of  each  year  submit  in  writing 
to  the  mayor  and  board  of  aldermen  a  careful  estimate  of 
the  whole  amount  of  money  to  be  received  from  the  state 
and  county,  and  the  amount  required  from  the  municipality 
for  the  above  purpose. 

4526.  (4007)  The  same;  how  chosen. — The  schools  of 
such  district  shall  be  under  the  control  of  five  trustees,  to 
be  elected  on  the  second  Monday  in  April,  or  at  the  first 
regular  meeting  prior  thereto,  by  the  mayor  and  board  of 
aldermen,  or  in  the  manner  prescribed  by  the  board ;  and  the 
trustees  shall  all  be  patrons  of  the  school.  The  conditions 
of  eligibility  imposed  and  powers  granted  trustees,  under 
the  general  law,  shall  apply  to  trustees  of  separate  school 
districts,  and  they  shall  be  subject  to  the  same  penalties, 
and  to  removal  from  office  by  the  board  for  the  neglect  of 
duty,  but  no  member  of  the  board  of  aldermen  shall  be  eli- 
gible to  the  office  of  trustee;  or  any  one  who  is  a  trustee 
of  a  private  or  sectarian  school  or  college  in  same  separate 
school  district. 


18 

4527-  (4008)  The  same;  term  of  office. — The  trustees 
shall  be  chosen  for  a  term  of  three  years ;  two  being  chosen 
each  year  for  two  successive  years,  and  one  being  chosen 
during  the  third  year,  as  vacancies  shall  occur.  In  unincor- 
porated districts  the  vacancies  annually  occurring  shall  be 
filled  as  hereto  provided  for  the  appointment  of  trustees 
of  such  district.  Their  term  of  office  shall  be  three  years, 
and  vacancies  shall  be  filled  by  .the  mayor  and  board  of 
aldermen,  but  vacancies  in  unincorporated  districts  shall  be 
filled  by  the  county  superintendent  of  education.  Existing 
trustees  of  separate  school  districts  shall  remain  in  office 
according  to  the  terms  of  their  appointment  or  designation, 
unless  selected  under  the  general  law;  and  where  they  are 
numerous  and  authorized  to  act  by  a  smaller  number  to  be 
selected  by  them,  they  may  continue  to  do  so. 

4528.  (4009)  As  to  all  school  trustees. — The  trustees  have 
the  power  to  exclude  from  the  schools  children  of  filthy  or 
vicious   habits,   or   children   suffering   from   contagious   or 
infectious  diseases. 

4529.  (4010)   The  same;   nepotism  forbidden. — It  shall 
be  unlawful  for  a  trustee  of  any  school  to  vote  for  any  per- 
son as  a  teacher  who  is  related  to  him  by  blood  or  marriage 
within  the  third  degree,  or  who  is  pecuniarily  dependent 
upon  him. 

453°-  (4O11)  Separate  school  districts. — Any  munici- 
pality, by  an  ordinance  of  the  mayor  and  board  of  aldermen 
thereof,  or  any  unincorporated  district  of  not  less  than  six- 
teen square  miles,  by  the  county  school  board,  on  a  petition 
of  the  majority  of  the  qualified  electors  therein,  may  be  de- 
clared a  separate  school  district,  but  shall  not  be  entitled 
to  the  rights  and  privileges  of  a  separate  school  district 
unless  a  free  public  school  shall  be  maintained  therein  for  a 
term  of  at  least  seven  months  in  each  scholastic  year. 

4531.  The  same;  rural. — For  separate  school  districts 
having  no  municipal  organization,  the  board  of  supervisors, 
on  petition  of  a  majority  of  the  tax-payers  of  a  separate 
school  district,  shall  levy  the  required  tax;  and  the  county 


19 

tax-collector  shall  collect  the  same  and  deposit  it  with  the 
county  treasurer  to  the  credit  of  the  district  for  which  it 
was  levied.  Such  fund  shall  be  disbursed  on  pay-certificates 
issued  by  county  superintendent  when  he  shall  have  re- 
ceived an  order  from  the  trustees  of  the  district.  Trustees 
shall  be  appointed  by  the  county  superintendent  of  education. 
When  a  majority  of  the  qualified  electors  of  a  district  shall 
petition  by  the  first  day  of  April  in  each  year  for  the  appoint- 
ment of  certain  patrons  to  be  trustees,  the  county  superin- 
tendent shall  appoint  those  recommended,  but  when  no  peti- 
tion is  filed  with  the  superintendent,  or  a  majority  of  the 
qualified  electors  fails  to  recommend  trustees,  the  county 
superintendent  shall  make  the  appointments. 

4532-  (4°12)  The  same;  county  children  may  attend. — 
Children  may  attend  the  school  of  a  separate  school  district 
in  their  county,  and  the  county  during  the  winter  term  shall 
pay  the  actual  cost  of  tuition  in  the  school  they  attend.    In 
computing  the  cost  of  tuition,  the  salary  of  the  municipal 
superintendent,  if  there  be  one,  shall  not  be  included  as  a 
part  of  the  salaries  of  teachers,  and  the  salary  of  a  teacher 
shall  not  be  rated  at  more  than  the  maximum  fixed  for 
teachers  of  similar  grade;  but  a  child  in  the  county  shall 
not  attend  a  separate  school  district  without  the  consent,  in 
writing,  of  the  trustees  thereof,  and  of  the  trustees  of  the 
school  of  his  district. 

4533-  (4OI3)  Territory  to  be  added  to  separate  school 
district. — Any  part  of  a  county  or  counties  adjoining  a  mu- 
nicipality which  is  a  separate  school  district,  may  be  in- 
cluded in  such  district  upon  a  petition  of  a  majority  of  the 
resident  freeholders  of  the  territory  proposed  to  be  added, 
and  the  approval  of  the  municipal  authorities.    The  school 
taxes  in  such  added  territory  shall  be  collected  by  the  county 
tax-collector  and  deposited  with  the  municipal  treasurer  of 
the  district. 

4534.  (4014)  The  same;  levy  taxes  for  school  purposes; 
erect  school  buildings  and  issue  bonds. — The  mayor  and 
board  of  aldermen  of  a  municipality  constituting  a  separate 


20 

school  district,  or  board  of  supervisors  of  unincorporated 
separate  districts  in  the  manner  heretofore  provided,  shall 
annually  levy  a  tax  sufficient  to  pay  for  fuel  and  other  neces- 
saries for  its  public  free  schools,  and  shall  make  such  levy 
of  taxes  as  may  be  necessary  to  maintain  the  schools, 
after  the  expiration  of  the  four  months'  term  provided  for 
by  the  state,  or  to  supplement  during  the  four  months  for 
the  funds  distributed  by  the  state.  And  such  municipality, 
or  board  of  supervisors  for  unincorporated  districts  in  the 
manner  heretofore  provided  for,  may  levy  and  collect  taxes 
to  erect  and  repair  school  buildings,  and  may  issue  bonds 
for  that  purpose  in  the  manner  provided  in  the  chapter 
on  "Municipalities."  But  a  tax  in  excess  of  three  mills  on 
the  dollar  shall  not  be  levied  or  collected  without  the  con- 
sent of  a  majority  of  the  tax-payers  of  the  municipality. 
(See  Sec.  3415.) 

45 35-  (4OI5)  The  same;  graded  schools. — A  separate 
school  district  may  make  either  or  both  of  its  schools 
graded  schools;  and  graded  schools  may  be  of  two  kinds — 
a  graded  grammar  school  and  a  graded  high  school.  In 
every  graded  school  there  shall  be  a  graded  grammar  school, 
in  which  the  common  school  curriculum  shall  be  included; 
and  the  graded  high  school  shall  be  composed  of  pupils  who 
have  passed  through  the  grammar  grades,  or  who  shall  pass 
an  examination  therein;  and  the  course  shall  be  completed 
in  four  years.  The  trustees  may  fix  reasonable  tuition  fees 
for  the  graded  high  school  department,  or  it  may  be  free; 
and  they  may  prescribe  what  other  studies  shall  be  taught 
in  the  graded  high  school. 

4536.  (4016)  Examination  of  teachers;  board  of  exami- 
ners (Laws  1900,  ch.  113). — Two  first  grade  teachers,  to  be 
appointed  annually  prior  to  the  fall  examination  by  the 
county  superintendent  shall,  with  the  county  superintendent, 
constitute  an  examining  board  for  each  county;  provided, 
the  members  of  said  board  shall  not  be  related  by  affinity 
or  consanguinity  (but  a  teacher  of  a  normal  or  training 
school  shall  not  be  appointed  on  the  board).  A  majority 


21 

of  said  board  shall  be  present  and  conduct  all  examinations 
of  teachers,  as  herein  provided,  and  they  shall  as  a  board, 
and  not  individually,  review  and  grade  the  examination 
papers  submitted  by  applicants  for  license  to  teach.  The 
teachers  comprising  the  board  shall  each  receive  two  dol- 
lars and  one-half  for  each  day  of  actual  service  in  holding 
the  examinations  and  twenty-five  cents  additional  for  grad- 
ing the  papers  of  each  applicant,  to  be  paid  out  of  the  school 
fund  in  the  same  manner  as  teachers'  salaries  are  paid.  The 
examiners  shall  qualify  by  taking  and  subscribing  the  oath 
of  office  before  the  county  superintendent,  who  shall  file 
it  in  his  office ;  and  for  violations  of  any  section  of  this  law 
which  refers  to  examinations,  they  shall  be  subject  to  the 
same  penalties  as  the  county  superintendent. 

4537.  The  same;  vacancies;  how  filled. — Should  a  vacancy 
occur  in  the  office  of  examiner,  the  same  shall  be  filled  by 
appointment  by  the  county  superintendent  of  education. 

4538.  (4017)   The  same;  when  examinations  held  (Laws 
1902,  ch.  106). — On  Friday  and  Saturday  of  the  first  four 
weeks  of  September,  and  of  the  first  four  weeks  of  April, 
the  examining  board  shall  hold,  under  regulations  prescribed 
by  the  board  of  education,  a  written  examination  of  appli- 
cants to  teach.    The  examination  shall  be  held  at  the  county 
site,  and  in  the  public  school  building  or  in  the  court  room 
whenever  practicable.    In  counties  having  two  court  districts 
the  examination  shall  be  held  alternately  at  the  places  of 
holding  court,  if  the  convenience  of  the  teachers  requires  it. 
The  superintendent  shall  exclude  from  the  rooms  all  per- 
sons who  are  not  examiners  or  applicants  for  license.    There 
shall  be  separate  examinations  for  the  two  races. 

4539-  (4OI8)  The  same;  how  conducted. — The  examina- 
tions shall  be  held  upon  questions  prepared  by  the  state 
superintendent  of  education,  and  sent,  sealed,  to  the  county 
superintendent,  to  be  opened  by  him  in  the  presence  of  the 
teachers  after  they  have  assembled  in  the  examination  room, 
and  after  the  seals  have  been  inspected  by  the  examiners. 
The  questions  on  one  subject  at  a  time  shall  be  written  upon 


22 

a  blackboard,  and  the  answers  thereto  shall  be  written  in  ink 
in  the  presence  of  the  examiners,  and  delivered  to  the  super- 
intendent before  the  questions  on  the  next  subject  are  given 
out.  All  questions  prepared  by  the  state  superintendent 
shall  relate  only  to  the  branches  of  study  required  to  be 
taught  in  the  public  schools. 

4540.  (4019)   The  same;  curriculum. — The  branches  of 
study  upon  which  teachers  are  required  to  be  examined  con- 
stitute the  curriculum  of  the  free  public  schools.    (See  Sees. 
4543,  4544.) 

4541.  (4020)   The  same;  all  teachers  must  be  licensed. — 
It  shall  be  unlawful  for  a  county  superintendent,  or  the 
trustees  of  a  separate  school  district,  to  contract  with  a 
teacher  who  does  not  hold  a  license  valid  for  the  scholastic 
year  in  which  the  school  is  to  be  taught,  and  of  a  grade 
sufficiently  high  to  meet  the  requirements  of  the  school. 

4542.  (4021)  The    same;    good    character. — Before    a 
license  to  teach  shall  be  granted,  the  applicant  must  furnish 
the    superintendent    satisfactory    evidence   of   good   moral 
character,  and  of  ability  to  govern  a  school. 

4543.  (4022)  The  same;  what  examined  on;  -first  and 
second  grades. — To  obtain  a  first-grade  license  the  applicant 
must  be  examined  on  spelling,  reading,  practical  and  mental 
arithmetic,  geography,  English  grammar  and  composition, 
United  States  history,  history  of  Mississippi,  elements  of 
agriculture,  civil  government,  and  elements  of  physiology 
and  hygiene,  with  special  reference  to  the  effects  of  alcohol 
and  narcotics  on  the  human  system ;  and  to  obtain  a  second- 
grade  license  the  applicant  must  be  examined  on  spelling, 
reading,  mental  arithmetic,  practical  arithmetic,  elementary 
geography,  elementary  English  grammar  and  composition, 
primary  United  States  history,  and  primary  physiology,  with 
special  reference  to  the  effects  of  alcohol  and  narcotics  on 
'the  human  system;  but  a  teacher  otherwise  qualified  shall 
not  be  refused  a  certificate  to  teach  for  the  next  two  years 
by  reason  of  a  want  of  sufficient  knowledge  on  the  subject 
of  physiology.     (See  Sec.  4540.) 


23 

4544-  (4°23)  The  same;  third  grade. — To  obtain  a  third- 
grade  license  the  applicant  must  be  examined  on  the  subjects 
required  for  second-grade,  and  must  make  thereon  an 
average  of  not  less  than  sixty  per  centum,  with  not  less  than 
forty  per  centum  on  any  subject.  (See  Sec.  4540.) 

4545.  (4024)   The  same;  grading  and  marking  papers. — 
Immediately   after   each   examination   the   examiners   shall 
carefully  grade  the  papers  and  mark  thereon  their  estimate 
of  the  value  of  each  answer;  and  the  papers  shall  be  filed 
in  the  office  of  the  superintendent,  and  be  subject  to  the 
inspection  of  the  applicant  or  his  authorized  agent. 

4546.  (4025)   The   same;   penalty   for  receiving   assist- 
ance.— If  an  applicant  in  any  way  receive  assistance,  he 
shall  be  denied  a  license  and  not  permitted  to  teach  or  stand 
another  examination  in  the  county  for  a  period  of  two  years. 
Any  person  who  sells  or  offers  to  sell,  or  give  away,  or 
offers  to  give  away  the  examination  questions,  or  answers 
to  the  same  prepared  by  the  proper  authorities  for  the  ex- 
amination of  teachers  of  the  public  schools,  before  the  date 
for  the  examination,  at  which  time  such  questions  are  to 
be  used,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  fined  not  more  than  one  hundred  dollars  nor  less 
than  ten  dollars  or  imprisoned  in  the  county  jail  not  exceed- 
ing sixty  days,  or  both,  at  the  discretion  of  the  court. 

4547.  (4026)   The  same;  how  long  licenses  good,   etc. 
(Laws  1896,  ch.  112). — License  shall  be  granted  to  appli- 
cants who  make  a  general  average  of  seventy-five  per  cen- 
tum with  not  less  than  fifty  per  centum  on  any  one  subject, 
and  shall  not  be  valid  unless  filled  out  according  to  the  form 
prescribed  by  the  state  superintendent.     Licenses  of  second 
and  third  grade  shall  be  valid  for  one  year.    Licenses  for  the 
first  grade,  with  a  general  average  of  eighty-five  per  centum, 
shall  be  valid  for  two  years ;  and  licenses  for  the  first  grade, 
with  a  general  average  of  ninety  per  centum,  shall  be  valid 
for  three  years ;  and  the  second  three-years  license  obtained 
after  the  expiration  of  the  first  shall  be  renewable  in  the 
county  where  issued  as  long  as  the  holder  continues  to  teach ; 


24 

but  any  teacher  who  has  taught  under  a  first-grade  license 
for  five  years  consecutively,  shall  be  exempt  from  further 
examination. 

4548.  (4027)   The  same;  age  of  teacher,  etc. — A  license  to 
teach  shall  not  be  granted  to  an  applicant  under  seventeen 
years  of  age ;  nor  shall  a  license  for  more  than  one  year  be 
issued  to  an  applicant  who  has  had  less  than  six  months' 
experience  in  teaching. 

4549.  (4028)   The  same;  special  examinations. — In  coun- 
ties where  the  number  of  licensed  teachers  is  insufficient  to 
supply  the  schools,  the  board  of  education  may  grant  a 
special  examination;  but  the  examination  fee  in  such  cases 
shall  be  two  dollars,  and  the  licenses  issued  shall  be  valid 
only  until  the  next  regular  examination.     Special  examina- 
tions shall  be  granted  teachers  who  are  under  contract  to 
teach  in  a  public  school  in  the  county,  if  at  the  time  of  the 
general  examination  they  were  unable  to  attend  or  were 
teaching  or  attending  school  more  than  fifty  miles  away. 
The  superintendent  may  require  each  teacher  so  examined 
to  pay  him  a  fee  of  two  dollars  and  fifty  cents. 

4550.  (4029)  .Indorsement  of  licenses   (Laws   1898,  ch. 
77) . — A  teacher  holding  a  license  in  one  county  and  wishing 
a  transfer  to  another  county  may  direct  the  superintendent 
of  education  of  the  county  where  the  examination  was  held 
to  forward  his  papers  and  license  issued  thereon  to  the  state 
board  of  examiners,  and  if  the  grading  of  the  county  board 
is  sustained  by  the  state  board  of  examiners,  the  license  may 
be  transfererd  to  any  county  which  the  applicant  may  desig- 
nate.   Applicants  for  transfer  license  shall  pay  a  fee  of  one 
dollar  and  fifty  cents  to  the  state  board  of  examiners  for 
grading  their  papers. 

4551.  State  board  of  examiners  (Laws  1896,  ch.  106). — 
There  shall  be  a  state  board  of  examiners  which  shall  consist 
of  three  members,  who  shall  be  first-grade  teachers  of  schol- 
arly attainments,  and  of  successful  experience,  to  be  ap- 
pointed by  the  state  superintendent  of  education. 


25 

455  2-  The  same;  duties. — It  shall  be  the  duty  of  the  state 
board  of  examiners  to  aid  the  state  superintendent  of  edu- 
cation in  preparing  all  examination  questions  for  the  teach- 
ers of  the  state,  to  grade  papers  of  applicants  for  pro- 
fessional and  state  licenses,  to  hear  and  decide  all  appeals 
from  teachers  or  county  superintendents  regarding  exami- 
nations; to  examine  all  applicants  or  candidates  for  the 
office  of  county  superintendent  under  regulations  passed  by 
the  state  board  of  education. 

4553.  Licenses;  how  secured. — Any  teacher  wishing  to 
secure  a  professional  license  shall  pass  a  satisfactory  exami- 
nation in  the  presence  of  the  county  superintendent,  or 
other  authorized  agent  of  the  state  board  of  examiners,  on 
the  following  subjects :  Algebra,  geometry,  rhetoric,  Eng- 
lish literature,  the  science  of  teaching,  civil  government, 
Caesar  and  Virgil,  and  on  such  other  subjects  as  the  state 
board  of  examiners  may  add.  Any  teacher  may  secure  a 
state  license  by  passing  a  satisfactory  examination  in  the 
presence  of  the  county  superintendent,  or  other  authorized 
agent  of  the  state  board  of  examiners,  in  spelling,  reading, 
practical  and  mental  arithmetic,  geography,  English  gram- 
mar and  composition,  United  States  history,  Mississippi  his- 
tory, elements  of  agriculture,  civil  government,  elements  of 
physiology  and  hygiene,  with  special  reference  to  the  effects 
of  alcohol  and  narcotics  on  the  human  system;  provided 
applicants  for  state  licenses  shall  have  their  papers  for- 
warded to  state  board  of  examiners  by  county  superin- 
tendent and  graded  by  state  board  of  examiners.  The  state 
board  of  examiners  may  grant  licenses  of  a  grade  lower  than 
that  for  which  the  applicant  applies;  provided  that  the  per- 
centage reaches  that  fixed  by  law.  On  all  licenses  granted 
the  board  shall  indicate  on  the  face  of  the  license  the  per- 
centage made  by  the  applicant  on  each  subject.  A  state 
license  shall  be  valid  for  one,  two  or  three  years,  according 
to  the  value  of  applicant's  papers ;  but  any  applicant  receiv- 
ing the  second  three-years  state  license  from  the  state  board 
of  examiners  shall  be  exempt  from  further  examinations, 


26 

and  a  state  license  from  said  board  of  examiners  shall  be 
valid  in  every  county  of  the  state,  but  the  state  board  of 
examiners  may  revoke  licenses  for  cause  and  where  teachers 
discontinue  to  teach.  All  teachers  heretofore  exempt  from 
examination  in  the  counties  in  which  they  reside  may  for- 
ward their  papers  to  the  state  board  of  examiners  upon  the 
payment  of  one  dollar  and  fifty  cents  to  said  board  of  exami- 
ners, and  the  board  of  examiners  may  issue  to  said  teachers 
state  licenses  in  lieu  of  licenses  granted  by  county  super- 
intendents. 

4554-  Compensation  and  term  of  office. — The  state  board 
of  examiners  shall,  receive  as  compensations  for  their  ser- 
vices five  dollars   from    each    applicant    for    professional 
license;  five  dollars  from  each  applicant  or  candidate  for 
county  superintendent  of  education  in  the  several  counties 
of  the  state,  and  fifty  cents  for  each  applicant  for  state 
license,  which  sum  shall  be  paid  by  the  county  superin- 
tendent of  education  to  the  state  board  of  examiners,  as 
teachers  are  paid,  and  as  is  now  paid  to  county  examiners. 
The  state  board  of  examiners  shall  serve  for  four  years  each, 
unless  removed  by  the  state  superintendent  for  cause. 

4555-  (4°3°)  Professional  licenses. — The  board  of  edu- 
cation shall  have  power  to  issue  professional  licenses  to 
teachers  of  recognized  ability,  moral  character,  and  schol- 
arly attainments  who  shall  pass  a  satisfactory  written  ex- 
amination, held  as  prescribed  by  the  board,  on    algebra, 
geometry,  rhetoric,  English  literature,  the  elements  of  bot- 
any and  chemistry,  the  science  of  teaching,  civil  government, 
and  Latin,  through  Caesar  and  Virgil.    The  manuscripts  of 
examinations  shall  be  kept  on  file  in  the  office  of  the  state 
superintendent,  and  the  licenses  shall  be  valid  for  life  in 
any  part  of  the  state. 

4556.  (4031)  Salaries  of  teachers  and  assistants  (Laws 
1904,  ch.  166). — The  salaries  for  schools  requiring  one 
teacher  shall  be  fixed  by  the  county  superintendent  between 
the  following  limits:  For  a  third  grade  teacher,  between 
fifteen  dollars  and  twenty  dollars;  for  a  second  grade 


teacher,  between  eighteen  dollars  and  thirty  dollars;  for  a 
first  grade  teacher,  between  twenty-five  dollars  and  seventy- 
five  dollars;  provided,  that  in  counties  having  a  surplus  in 
the  school  fund  the  county  superintendent  of  education  may 
pay  teachers  in  schools  employing  two  or  more  teachers 
as  much  as  one  hundred  dollars  to  the  principal  and  sixty- 
five  dollars  to  the  assistant  teachers;  such  salaries  to  con- 
tinue only  so  long  as  said  counties  may  have  an  unexpended 
surplus  in  the  school  fund.  In  fixing  the  salary  the  super- 
intendent must  take  into  consideration  the  executive  and 
teaching  capacity  of  the  teacher,  and  the  size  of  the  school, 
to  be  determined  both  by  the  educable  population  of  the 
district  and  the  average  attendance  of  the  two  preceding 
years.  The  salary  of  the  assistant  shall  not  exceed  by  more 
than  five  dollars  the  minimum  fixed  for  the  grade  of  license 
he  holds,  if  the  teacher  be  of  the  second  or  third  grade,  nor 
more  than  twenty  dollars  if  the  teacher  be  of  the  first  grade, 
but  the  salary  of  any  assistant  may  be  lower  than  the 
minimum.  In  schools  requiring  more  than  one  teacher  the 
salary  of  the  prinicpal  shall  be  regulated  so  that  the  cost 
per  pupil  shall  not  materially  vary  from  the  average  cost 
of  pupils  in  schools  with  single  teachers.  This  section  shall 
not  be  construed  to  prohibit  the  employment  of  competent 
teachers  of  the  several  grades  for  a  less  compensation  than 
that  mentioned.  The  salaries  of  principals  and  assistant 
teachers  in  separate  school  districts  shall  be  fixed  by  the 
trustees. 

4557-  (4°32)  Monthly  salaries  to  be  proportionate  to  the 
whole  school  fund. — Superintendents  shall  fix  the  salaries 
of  teachers  so  that  the  amount  to  be  paid  in  salaries  for 
maintaining  all  the  schools  one  month  "  shall  not  exceed 
that  fractional  part  of  the  whole  school  fund  which  one 
month  is  of  the  whole  number  of  months  the  schools  are  to 
be  taught. 

4558.  (4033)  When  assistants  allowed. — The  superin- 
tendent shall  have  power  to  allow  one  teacher  to  every  fifty 
educable  children  in  a  school  district.  When  a  school  is 


28 

in  operation  and  has  more  than  forty  pupils  in  actual  at- 
tendance, upon  application  of  the  trustees  for  an  assistant, 
the  superintendent  shall  visit  the  school,  and,  after  con- 
ference with  the  trustees,  and  an  examination  of  the  daily 
register,  he  shall  grant  an  assistant,  if  in  his  judgment  one 
be  needed.  In  the  same  manner  he  shall  grant  a  second 
assistant,  when  needed,  in  a  school  with  more  than  eighty 
pupils  in  actual  attendance;  but,  in  schools  with  more  than 
one  hundred  pupils  in  actual  attendance,  only  one  teacher 
shall  be  allowed  for  every  thirty  pupils.  In  all  cases  those 
pupils  only  who  are  entitled  to  attend  the  public  schools 
of  the  district  shall  be  counted  in  making  up  the  actual 
attendance. 

4559-  (4O34)  Grade  of  license  of  a  principal  of  a  school- 
— A  teacher  with  a  third-grade  license  shall  not  be  principal 
of  a  school  which^ requires  an  assistant;  and  in  schools 
requiring  more  than  two  assistants,  the  principal  must  have 
a  first-grade  license. 

4560.  (4035)  Contracts  with  teachers. — It  shall  be  the 
duty  of  the  superintendent  to  make  a  contract,  in  the 
form  prescribed  by  the  board  of  education,  with  every  duly 
licensed  teacher  who  has  been  selected  by  the  trustees  ac- 
cording to  law  or  appointment  by  himself.  The  contract 
shall  be  signed  in  duplicate  by  the  superintendent  and  by 
the  teacher,  each  retaining  one  part;  and  it  shall  show  the 
name  of  the  school,  the  position  of  the  teacher,  whether 
principal  or  assistant,  and  the  monthly  salary.  In  addition 
to  the  fixed  salary,  there  shall  be  stated  in  the  contract  two 
successively  smaller  amounts,  which  shall  be  the  salary  in 
case  the  attendance  decreases  to  a  number  for  which  the 
conditional  amounts  would  be  the  fixed  salary.  Contracts 
shall  be  valid  for  the  number  of  months  the  school  is  to  be 
taught  during  the  scholastic  year,  and  it  shall  be  unlawful 
to  issue  a  certificate  for  services  rendered  before  the  contract 
is  made  and  signed;  provided,  that  in  years  when  the  state 
appropriation  is  made  after  the  beginning  of  the  fall  school 
term,  that  it  shall  be  lawful  for  a  cotmtv  superintendent 


29 

of  education  to  cause  the  schools  to  be  taught  without  con- 
tracts until  he  shall  have  officially  ascertained  the  amount 
of  the  common  school  fund  that  will  be  distributed  to  his 
county  for  that  scholastic  year;  and  provided,  further,  that 
where  contracts  have  been  made  before  the  amount  of  school 
fund  to  be  distributed  to  his  county  is  known,  the  same  may 
be  changed  when  he  ascertains  the  amount  his  county  will 
receive,  teachers  agreeing  thereto;  but  the  county  superin- 
tendent shall  have  the  right,  after  the  expiration  of  the  four 
months  required  by  the  constitution,  to  make  new  contracts 
with  teachers  in  counties  making  a  special  levy  to  carry  on 
the  schools  for  a  longer  term  than  four  months,  and  all  such 
contracts  shall  be  made  as  the  law  provides,  so  that  the 
amount  to  be  paid  in  salaries  for  maintaining  all  of  the 
schools  one  month  shall  not  exceed  that  fractional  part  of 
the  whole  school  fund,  as  provided  by  such  special  levy, 
which  one  month  is  of  the  whole  number  of  months  the 
schools  are  to  be  taught. 

4561  (4036)  Pupils  attending  high  schools  (Laws  1900, 
ch.  112). — Educable  children  may  attend  a  high  school  or 
college  in  their  county  and  they  shall  be  enrolled,  reported 
and  paid  for  as  resident  pupils  of  the  district,  if  the  school 
has  been  established  as  a  free  public  school  of  the  county. 
Such  school  shall  receive  all  educable  children  of  the  race 
for  which  it  was  established,  but  tuition  may  be  charged 
for  all  pupils  who  pursue  studies  beyond  the  public  school 
curriculum,  to  be  paid  by  the  pupil  based  on  number  of  such 
studies  pursued,  to  be  regulated  by  the  authorities  of  the 
institution. 

4562.  (4037)  Schools  for  Indian  children. — In  a  county 
where  there  are  Indian  children  sufficient  to  form  a  school, 
the  county  school  board  may  locate  one  or  more  schools 
exclusively  for  Indians,  and  trie  state  board  of  education 
may  provide  special  license  for  teachers  therein. 

4563.  (4038)  School     registers;     pay-certificates. — The 
principal  teacher  in  a  public  school  shall  keep  a  daily  record 
of  facts  pertaining  to  the  school,  in  such  form  as  the  school 


30 

register  requires,  and  he  shall  be  responsible  for  the  safe 
keeping  and  delivery  of  the  register  to  the  county  super- 
intendent at  the  close  of  the  school  term,  or  of  the  period 
of  service  of  the  teacher;  and  the  county  superintendent 
shall  not  issue  to  a  teacher  a  pay-certificate  for  the  last 
month  taught  until  the  teacher  shall  have  delivered  to  him 
the  register  in  good  order  and  properly  filled  out.  In  the 
register  the  teacher  shall  set  down  the  name,  age,  and  sex  of 
each  pupil  in  attendance,  and  the  names  of  absentees  for 
each  day.  At  the  end  of  every  scholastic  month  the  teacher 
shall  make  out  from  the  register  a  report  to  the  county 
superintendent  of  the  name,  age,  and  sex  of  each  pupil  in 
attendance  during  the  month,  and  the  number  of  days  such 
pupil  has  attended.  The  report  shall  be  approved  by  at 
least  two  of  the  trustees,  and  certified  to  by  them;  and 
upon  the  filing  of  such  report  with  him  the  county  super- 
intendent shall  issue  to  the  teacher  and  the  assistants,  if  any, 
a  pay-certificate,  and  the  report  shall  be  carefully  preserved 
in  his  office.  If  the  trustees,  without  good  cause,  refuse  to 
sign  the  report,  the  teacher  may  appeal  to  the  county  super- 
intendent, who  shall  issue  the  pay-certificate  without  the 
approval  of  the  trustees,  in  case  he  decide  in  favor  of  the 
teacher. 

4564.  (4039)  Enumeration  of  children  during  the  first 
month. — The  principal  teacher,  not  in  a  separate  school  dis- 
trict, shall,  during  the  first  month  of  the  term,  make  a  com- 
plete enumeration  of  the  educable  children  in  the  district, 
and  enter  in  the  register  the  name,  color,  age,  and  sex  of 
each  child  and  the  names  and  place  of  residence  of  the 
parents  of  each  child,  the  same  to  be  examined  and  ap- 
proved by  the  trustees,  and  a  copy  thereof  delivered  to  the 
superintendent  with  a  report  of  the  first  month. 

4565.  (4040)   Term  reports. — With  the  last  monthly  re- 
port of  the  session  the  teacher  shall  make  a  term  report 
containing  such  facts  and  statistics  as  the  blanks  furnished 
may  require.     If  the  final  monthly  report  be  not  made  to 
the  superintendent  by  the  fifth  of  October  annually,  it  shall 


31 

be  unlawful  to  issue  to  the  teacher  a  pay-certificate  for 
more  than  eighty  per  centum  of  his  salary  for  that  month. 

4566.  (4041)  How  warrants  for  salaries  issued  to  teach- 
ers; back  pay,  etc — Upon  the  presentation  of  a  pay-certifi- 
cate for  services  rendered  as  a  teacher,  duly  attested  by  the 
superintendent,  the  clerk  of  the  board  of  supervisors,  or  of 
the  municipality  being  a  separate  school  district,  shall  issue 
a  warrant  on  the  treasury  for  the  amount  stated  in  the 
certificate,  the  warrant  to  state  upon  its  face  the  number 
of  the  month  of  the  term  during  which  the  services  were 
rendered — as,  first  month,  second  month,  etc. — and  to  specify 
the  fund  upon  which  it  is  drawn ;  the  clerk  shall  keep  a  file 
of  the  certificates  so  received  as  parl  of  the  official  records 
of  his  office,  and  shall  be  governed  in  every  respect  by  the 
same  laws  that  regulate  the  issuing  of  county  or  municipal 
warrants  for  other  purposes,  except  that  the  warrants  for 
teachers'  salaries  shall  be  issued  directly  upon  the  certificate 
of  the  county  superintendent,  without  any  action  thereon  by 
the  board  of  supervisors  or  the  mayor  and  board  of  alder- 
men by  way  of  allowance  or  approval.  For  services  rendered 
by  teachers  in  public  schools  before  the  time  when  this 
chapter  becomes  operative,  and -for  which  a  pay-certificate 
or  warrant  has  not  been  issued  because  of  a  want  of  funds 
in  the  treasury  out  of  which  to  pay  it,  the  board  of  super- 
visors or  municipal  authorities,  as  the  case  may  be,  are 
authorized  to  make  proper  allowances  upon  proof  of  such 
services  rendered  in  good  faith. 

4567.  (4042)  Scholastic    year,    month,    and    day. — The 
scholastic  year  shall  begin  on  the  first  day  of  October  and 
end  on  the  thirtieth  of  September.    Twenty  days  of  actual 
teaching  shall  constitute  a  school  month,  and  the  number 
of  hours  of  actual  teaching  that  shall  constitute  a  school  day 
shall  be  fixed  and   determined  by  the  board  of  trustees 
thereof,  at  not  less  than  five  nor  more  than  eight  hours. 

4568.  (4043)  School  term,  winter  and  summer;  time  for 
opening  (Laws  1902,  ch.  in). — There  shall  be  a  winter 
term  and  a  summer  term,  during  either  of  which  a  school 


32 

may  be  taught,  at  the  option  of  its  trustees.  The  county 
school  board  shall  fix  the  day  for  the  opening  of  the 
winter  term  between  the  first  Monday  of  October  and  the 
second  Monday  in  January,  and  for  the  opening  of  those 
of  the  summer  term,  on  the  first  Monday  in  April,  or  as  soon 
thereafter  as  they  deem  suitable.  These  dates  may  be  fixed 
by  the  county  school  board  at  their  annual  meeting,  or  at 
any  called  meeting,  or  by  their  written  consent  to  a  date 
proposed  by  the  superintendent,  who,  when  the  dates  are 
fixed,  which  shall  in  all  cases  be  done  at  least  twenty  days 
prior  to  the  opening  of  the  term,  shall  notify  the  secretary 
of  the  trustees  of  each  school  in  the  county.  This  section 
shall  not  prevent  the  trustees  of  the  schools  in  a  separate 
school  district  from  fixing  the  time  at  which  their  schools 
may  begin  and  end. 

4569.  (4044)  Continuous  session,  unless,  etc. — The 
schools  shall  be  kept  in  continuous  session  four  months, 
and  as  much  longer  as  the  school  fund  of  the  scholastic 
year  will  maintain  them.  Trustees  may,  however,  with  the 
consent  of  a  majority  of  the  patrons,  divide  the  session,  and 
have  such  portion  of  it  as  they  deem  proper  taught  in  either 
term;  but  in  that  case  they  shall  notify  the  superintendent 
of  such  division  and  of  the  scholastic  month  at  the  begin- 
ning of  which  they  wish  their  school  to  open.  The  county 
superintendent  may  close  all  the  schools  for  the  Christmas 
holidays,  for  an  equal  period  of  time,  not  to  exceed  two 
weeks,  and,  upon  application  from  the  trustees,  may  close 
any  school  because 'of  an  epidemic  prevailing  in  the  school 
district,  or  on  account  of  the  death,  sickness,  resignation  or 
dismissal  of  the  te'acher;  but  such  schools  shall  be  allowed 
their  full  time  after  being  reopened  during  the  scholastic 
year. 

457°-  (4O45)  Bond  and  duties  of  county  treasurers. — 
The  county  treasurer  and  the  treasurer  of  every  munici- 
pality constituting  a  separate  school  district,  shall  be  re- 
quired to  give  additional  bonds,  to  be  fixed  by  the  board  of 
supervisors  and  the  mayor  and  board  of  aldermen,  respect- 


33 

ively,  in  an  amount  not  less  than  the  amount  of  school 
funds  likely  to  be  in  their  hands  at  any  one  time,  for  the 
faithful  performance  of  their  duties;  and  the  county  treas- 
urers of  the  Chickasaw  cession  counties  shall  be  required 
to  give  additional  bonds  for  the  amount  of  the  Chickasaw 
school  fund  to  be  distributed  to  their  counties,  equal  to  the 
amount  to  be  distributed  for  the  year;  but  the  additional 
bonds  shall  be  cumulative  security,  and  the  treasurers  shall 
be  liable  on  their  official  bonds  for  all  school  funds  coming 
into  their  hands.  It  is  the  duty  of  the  county  treasurers 
to  make  to  the  auditor  of  public  accounts,  reports,  on  the 
second  Mondays  of  January  and  June  of  each  year,  of  all 
moneys  accruing  to  the  common  school  fund  from  polls 
collected  in  their  respective  counties ;  to  keep  on  their  books 
separate  and  distinct  accounts  of  the  moneys  arising  from 
poll-taxes,  from  taxes  levied  by  the  board  of  supervisors 
for  the  maintenance  of  public  schools,  from  the  distributive 
share  of  the  common  school  fund,  from  Chickasaw  school 
fund,  and  from  interest  on  funds  derived  from  the  sixteenth 
sections,  and  funds  arising  from  leases  of  those  sections,  and 
funds  from  any  other  source ;  to  receive  and  receipt  for  all 
moneys  on  account  of  school  funds  of  the  county;  to  pay 
money  out  of  the  common  school  fund  upon  the 
order  of  the  county  superintendent  of  education,  ap- 
proved by  the  board  of  supervisors,  except  in  case 
of  teachers'  salaries,  which  shall  be  paid  upon  war- 
rants issued  by  the  clerk,  on  the  certificate  of  the 
county  superintendent;  and  to  make,  on  or  before 
the  fifteenth  of  October,  an  annual  report  to  the  state  board 
of  education,  a  duplicate  of  which  shall  be  furnished  to  the 
county  superintendent,  showing  the  amount  received  for 
public  schools  from  each  source  during  the  preceding  fiscal 
year,  the  disbursements  for  the  several  purposes,  and  the 
amount  of  school  warrants  unpaid.  The  treasurer  shall 
compare  this  report  with  the  account  kept  by  the  county 
auditor,  who  shall  certify  that  the  report  agrees  with  the 
account  kept  by  him,  if  found  to  be  correct.  The  treasurer 


34 

:  same  time,  make  a  special  report  of  the  receipts 
sements  of  township  funds  belonging  to  each 
townsmp.  These  reports  shall  be  made  in  the  form  pre- 
scribed on  blanks  furnished  by  the  state  superintendent. 
It  shall  be  the  duty  of  the  county  superintendent  to  report 
a  treasurer  failing  to  make  any  such  report  to  the  district 
attorney,  who  shall  proceed  against  the  treasurer  criminally 
and  by  suit  on  his  bond.  (See  Sec.  4701.) 

4571.  (4046)  Duties  of  separate  school  district  treasur- 
ers.— The  county  treasurer  shall,  immediately  upon  receipt 
thereof  by  him,  pay  over  to  the  treasurer  of  a  municipality 
in  his  county  which  is  a  separate  school  district,  all  money 
to  which  the  separate  school  district  may  be  entitled;  and 
the  treasurer  of  each  municipality  which  is  a  separate  school 
district,  shall  perform  like  duties  as  are  devolved  on  county 
treasurers,  as  far  as  applicable,  in  reference  to  money  for 
the  support  of  schools;  and  they  shall  be  subject  to  the  same 
penalties  for  failure  to  make  the  reports  required  to  be  made 
to  the  board  of  education  and  to  the  county  superintendent. 

4572.  (4047)   Counties  may  levy  ad  valorem  and  poll-tax 
to  carry  on  schools  after  four  months. — The  board  of  super- 
visors are  empowered  to  levy  annually  for  public  schools 
a  tax  upon  the  taxable  property  of  the  county,  which  is  out- 
side the  limits  of  any  separate  school  district,  and  may  levy 
an  additional  poll-tax  of  not  exceeding  one  dollar  on  each 
male  inhabitant  liable  to  pay  a  poll-tax;  all  to  be  collected 
as  other  taxes  for  general  purposes,  and  at  the  same  time, 
and  to  be  paid  into  the  county  treasury  to  the  credit  of  the 
school-fund ;  an<J  such  taxes  shall  be  receivable  only  in  law- 
ful currency  of  the  United  States,  and  shall  be  used  for  the 
maintenance  of  the  public  schools  after  the  expiration  of 
the  four  months  required  by  the  constitution.     When  two 
hundred  qualified  electors,  outside  of  separate  school  dis- 
tricts, shall  petition  the  board  of  supervisors  to  levy  a  cer- 
tain tax  for  the  extension  of  the  school  term  of  the  county, 
the  board  of  supervisors,  within  not  less  than  twenty  days 
nor  more  than  forty  days,  shall  submit  the  proposition  to  the 


35 

qualified  electors,  outside  of  separate  school  districts,  of  the 
county  at  an  election,  and  if  a  majority  of  those  voting  shall 
vote  for  the  tax  the  board  of  supervisors  shall  levy  the  said 
tax,  at  the  time  other  county  taxes  are  levied,  on  all  prop- 
erty in  the  county  subject  to  taxation  which  is  not  situated 
within  a  separate  school  district,  and  shall  continue  from 
year  to  year  to  levy  the  same  tax  until  another  election  is 
held,  as  is  provided  for  in  this  section ;  provided,  that  boards 
of  supervisors  in  those  counties  where  the  tax  is  now  being 
levied  shall  have  the  power  to  continue  levying  the  tax  with- 
out an  election.  And  every  municipality,  being  a  separate 
school  district,  may  in  like  manner  levy  and  collect  such 
taxes  for  the  maintenance  of  schools. 

4573-  (4048)  Funds  to  be  used  only  for  year  of  receipt; 
deficit  not  allowed. — All  school  funds  received  and  collected 
during  the  scholastic  year  shall  constitute  the  school  fund 
of  the  county  for  that  scholastic  year ;  and  the  salaries  of  the 
teachers  shall  be  so  fixed  as  not  to  allow  a  deficit  in  any 
year.  It  shall  be  unlawful  for  the  superintendent  to  issue 
pay-certificates  to  teachers  in  excess  of  the  amount  of  money 
received  on  account  of  the  public  schools  for  the  current 
year,  and  any  certificate" so  issued  shall  be  illegal  and  void ; 
but  the  superintendent  shall  be  responsible  on  his  bond  to  the 
holders  for  the  face  value  of  such  certificate,  and  shall  be  so 
liable  to  any  person  whom  he  may  cause  to  teach  in  a  public 
school  and  for  whose  payment  there  is  no  money  in  the 
treasury. 

4574.  How  school  fund  to  be  distributed  in  counties 
(Laws  of  1906). — The  county  common  school  'fund  shall 
be  divided  between  the  separate  school  districts  of  a  county 
and  that  portion  of  a  county  not  included  in  separate  school 
districts.  Within  thirty  days  after  every  legal  enrollment  of 
the  educable  children  of  the  state,  and  within  thirty  days 
after  the  organization  of  a  separate  school  district,  or  a 
change  has  been  made  in  the  limits  of  one  already  organized 
in  the  county,  the  county  superintendent  of  education  shall 
certify  to  the  clerk  of  the  board  of  supervisors  the  number 


36 

of  educable  children,  to  be  determined  from  the  official  roll 
of  educable  children  on  file  in  the  chancery  clerk's  office, 
in  each  separate  school  district  in  the  county,  and  the  num- 
ber of  educable  children  outside  the  limits  of  separate  school 
districts.  At  each  regular  meeting  of  the  board  of  super- 
visors it  shall  be  the  duty  of  the  clerk  of  the  board  of  super- 
visors to  apportion  the  amount  of  undivided  county  common 
school  fund  in  the  county  treasury  among  the  separate 
school  districts  of  the  county  and  the  county  outside  of 
separate  school  districts,  on  the  basis  of  the  number  of  the 
educable  children  in  each,  as  furnished  by  the  county  super- 
intendent of  education,  and  to  certify  the  said  apportionment 
to  the  board  of  supervisors,  who,  if  the  apportionment  is 
found  to  be  correct,  shall  order  that  a  warrant  be  issued 
in  favor  of  the  treasurer  of  each  separate  school  district  for 
the  amount  due  each  district.  At  the  first  meeting  of  the 
board  of  supervisors  after  the  passage  of  this  act,  all  the 
poll-tax  collected  since  the  last  official  report  of  the  same 
to  the  auditor  shall  be  divided  as  provided  in  this  section. 

4575-  Tax-collector  to  turn  over  poll  taxes  to  county 
treasurer  (Laws  1906). — The  tax-collector  shall  turn  over 
all  poll  tax  collected  to  the  county  treasurer,  at  the  time  and 
in  the  manner  now  provided  by  law  for  paying  to  the  county 
treasurer  county  taxes  collected  by  him. 

4576.  (4049)  Balances;  how  and  when  used;  funds  not 
loaned  (Laws  1904,  ch.  121). — If  there  shall  remain  a  bal- 
ance in  the  treasury  to  the  credit  of  the  school  fund  of  the 
several  counties  and  separate  school  districts  on  the  thirtieth 
day  of  September  in  any  year,  the  board  of  supervisors  and 
trustees  of  separate  school  districts  during  the  month  of 
October  following  may  apply  such  balance  to  the  building, 
repairing  or  furnishing  with  school  furniture  or  apparatus 
such  school-houses  which  belong  to  the  county  or  separate 
school  districts,  not  appropriating  to  any  school  located  in 
the  county  or  separate  school  district  an  amount  greater  than 
one  hundred  and  fifty  dollars,  unless  an  amount  equal  to 
any  excess  of  this  sum,^to  be  appropriated  by  the  county,  be 


37 

contributed  and  paid  into  the  county  treasury  by  the  patrons 
of  the  public  schools  making  such  application  and  receiving 
such  appropriation.  All  balances  not  so  appropriated  shall 
be  carried  forward  to  the  school  fund  for  the  next  scholastic 
year ;  and  this  shall  apply  to  any  fund  that  may  have  been 
levied  by  the  county  to  carry  on  the  schools  for  a  longer 
term  than  four  months.  It  shall  be  unlawful  to  loan  or 
transfer  temporarily  or  otherwise  any  portion  of  the  school 
fund  to  any  other  county  or  city  fund  in  which  the  separate 
school  district  may  be. 

4577-  (4°5°)  Two  and  three  per  centum  funds;  how 
used. — The  board  of  supervisors  shall  appropriate  all  re- 
ceipts from  the  'distribution  of  the  two  and  three  per  centum 
funds  to  building,  repairing,  and  furnishing  school-houses 
on  the  conditions  prescribed  in  the  last  section  for  the  appro- 
priation of  balances  of  the  school  fund. 

4578.  (4051)   When   school  fund  distributed. — On    the 
third  Monday  in  January  in  each  year,  or  as  soon  thereafter 
as  practicable,  the  auditor  of  public  accounts  shall  distribute 
to  the  counties  and  separate  school  districts  two-thirds  of 
the  common  school  fund,  and  the  balance  thereof  on  the  first 
Monday  of  June.     The  distribution  shall  be  made  by  the 
issuance  of  auditor's  warrants  on  the  state  treasury,  pay- 
able to  the  treasurers  of  the  several  counties  and  separate 
school  districts,  the  superintendent  of  public  education  sup- 
plying the  data  for  the  distribution. 

4579.  (4053)  Enumeration  of  educable  children   (Laws 
1902,  ch.  72). — During  1902  and  every  four  years  there- 
after, within  the  time  authorized  by  law  for  the  taking  the 
assessment,  the  assessor  in  person  or  by  sworn  deputy  or 
deputies  shall  enumerate  the  educable  children  of  his  county, 
including  all  separate  school  districts  in  it. 

4580.  (4054)  State  superintendent  to  supply   blanks. — 
Blanks  for  the  enumeration  shall  be  prepared  by  the  state 
superintendent.     The  enumeration  shall  be  taken  by  town- 
ships, and  shall  show  the  names,  ages,  and  sex  of  the  edu- 
cable children  therein,  and  the  names  of  their  parents  or 


38 

guardians.     Separate  lists  are  to  be  made  for  the  white, 
negro,  and  Indian  races. 

4581.  (4055)  Separate  enumerations  of  municipalities. — 
The  enumeration  of  each  municipality  shall  be  separate; 
and  the  children  shall  be  listed  under  the  names  of  parents 
and  guardians  alphabetically  arranged,  by  wardsj  and  the 
street  and  number  of  residence  shall  be  given  where  practi- 
cable. 

4582.  (4056)  Every   domicile   to   be   visited — The    tax 
assessor  shall  receive  names  of  children  having  a  living 
parent  or  guardian,  and  being  in  the  care  of  such,  only  from 
the  parent  or  guardian.    Any  person  proposing  to  give  the 
names  of  children  not  his  or  her  own,  shall  first  be  required 
to  make  oath  that  he  or  she  knows  all  the  particulars  in  ref- 
erence to  the  children  whose  names  are  proposed  to  be  given 
in ;  that  the  children  have  no  parent  or  guardian,  or  are  not 
under  the  care  of  such. 

4583.  (4057)  Affidavit   to    enumeration. — The    assessor 
shall  make  an  affidavit  before  the  clerk  of  the  chancery 
court  that  the  enumeration  has  been  taken  in  accordance 
with  and  in  the  manner  prescribed  by  law,  and  that  it  con- 
tains a  true  and  correct  list  of  all  the  educable  children  in 
the  county.    The  affidavit  shall  be  appended  to  each  copy  of 
the  enumeration. 

4584.  (4058)   Two  copies  of  the  enumeration;  when  and 
where  filed  (Laws  1902,  ch.  72). — The  assessor  shall  make 
two  copies  of  the  enumeration,  which  copies  shall  be  exam- 
ined and  approved  by  the  board  of  supervisors  at  their  July 
meeting  if  found  correct ;  and  if  incorrect,  the  assessor  shall 
not  receive  any  compensation  for  his  services  until  the  same 
is  so  corrected  that  the  board  of  supervisors  will  approve 
them,  and  on  or  before  the  first  Monday  in  August  the 
assessor  shall  file  one  of  said  copies  in  the  office  of  the  clerk 
of  chancery  court  as  a  public  record,  and  the  other  copy 
in  the  office  of  the  state  superintendent  of  education  to  be 
by  him  preserved  as  a  basis  of  apportionment  of  the  com- 
mon school  fund  of  the  state  for  the  four  years  next  sue- 


39 

ceeding.  In  "case  the  county  superintendent  should  believe 
that  said  roll,  after  being  so  approved  by  the  board  of  super- 
visors, is  inaccurate,  he  may  appeal  to  the  state  superin- 
tendent within  four  months  after  the  approval  by  the  board 
of  supervisors,  giving  his  reason  for  such  appeal  in  writing, 
verified  by  affidavit,  whose  decision  in  the  matter  shall  be 
final. 

4585.  (4059)   Compensation    for    enumerating    children 
(Laws  1900,  ch.  no). — As  compensation  for  the  enumera- 
tion of  the  educable  children  the  assessor  shall  receive  out 
of  the  county  school  fund  upon  allowance  made  by  the 
board  of  supervisors,  two  cents  for  each  child  enumerated 
in  the  county  outside   separate  school  districts,  and    the 
assessor  shall  receive  out  of  each  separate  school  district 
fund,  upon  allowance  made  by  the  board  of  mayor  and  alder- 
men of  the  municipality,  two  cents  for  each  child  enumerated 
in  said  district;  but  it  shall  be  unlawful  to  make  any  allow- 
ance therefor  until  the  assessor  shall  present  to  the  board 
of  supervisors  and  board  of  mayor  and  aldermen  certificates 
from  the  state  superintendent  showing  that  the  copies  to  be 
filed  in  his  office  have  been  received,  approved  and  accepted. 

4586.  (4060)  Failure  of  assessor;  penalty;  how  enumera- 
tion made. — If  any  assessor  shall  fail  to  have  the  enumera- 
tion of  educable  children  of  his  county  made  and  filed  as 
provided,  and  at  the  time  specified,  he  shall  be  liable  on 
his  bond  for  all  damages  accruing  by  the  failure,  and  the 
board  of  supervisors  shall  employ  some  other  competent 
person  to  make  the  enumeration  during  the  month  of  July, 
who  shall  be  entitled  to  receive  the  compensation  for  the 
service  herein  provided. 

4587-  (4061)  Teachers'  institutes. — In  every  county  hav- 
ing more  than  fifteen  school  districts  for  either  race,  there 
shall  be  held  annually,  for  each  race,  a  separate  teachers' 
institute,  to  continue  in  session  not  less  than  five  days. 

4588.  (4062)  Institute  conductors. — Teachers'  institutes 
shall  be  under  the  direction  of  the  board  of  education,  which 
is  authorized  to  name  a  list  of  experienced  and  competent 


40 

institute  conductors,  from  which  the  board  of  examiners  in 
each  county  shall  select  a  conductor. 

4589.  (4063)  Board  of  education  to  prescribe;  payment  t 
of  expenses;  reports  of. — The  board  of  education  shall  pre- 
pare outlines  of  the  work  and  prescribe  regulations  for  the 
management    of    the    institutes,   and   shall  determine  the 
amount  to  be  paid  for  conductors  and  the  incidental  expenses 
thereof,  and  shall  require  full  reports  to  be  made  by  the 
county  superintendent  of  the  work,  attendance  and  expenses. 

4590.  (4064)  How  expenses  paid — To  defray  the  cost 
of  institutes,  the  county  superintendent  shall,  before  examin- 
ing applicants  to  teach,  collect  a  fee  of  fifty  cents  from  each, 
and,  before  issuing  any  license  for  more  than  one  year,  col- 
lect fifty  cents  additional  for  each  year's  duration  of  the 
license. 

4591.  (4065)   The  same;  where  deposited  and  how  paid 
out  (Laws  1900,  ch.  114). — The  institute  fund  on  hand  and 
all  subsequent  collections  shall  be  deposited  with  the  county 
treasurer  on  the  receipt  warrant  of  the  clerk  of  the  board  of 
supervisors  and  a  separate  account  thereof  kept ;  and  it  shall 
be  paid  out  only  upon  the  requisition  of  the  county  super- 
intendent, approved  by  the  two  examiners,    on    warrants 
issued  by  the  clerk  of  the  board  of  supervisors. 

4592.  (4066)   When  fund  insufficient. — If  the  amount  of 
the  institute  fund  be  insufficient  to  defray  the  cost  of  holding 
the  institutes,  the  board  of    education  may  empower  the 
county  superintendent  to  issue  a  pay-certificate  on  the  com- 
mon school  fund  of  the  county  to  make  up  the  deficit,  but 
in  no  case  shall  the  sum  thus  allowed  exceed  forty  dollars 
for  one  scholastic  year. 

4593-  (4067)  Surplus  funds;  how  used. — In  counties 
having  a  surplus  of  institute  fund,  the  county  superintendent 
and  examiners  may  expend  annually  twenty  per  centum  of 
such  fund  in  the  purchase  of  works  on  teaching,  which  the 
superintendent  shall  keep  in  his  charge  for  the  use  of 
teachers. 


41 

4594-  (4°68)  Commission  to  select  a  uniform  series  of 
text-books;  qualifications  of  its  members  (Laws  1904,  ch. 
86). — The  governor  shall  select  and  appoint  eight  educators 
of  known  character  and  ability  in  their  profession,  and  en- 
gaged in  public  school  work  as  teachers,  not  more  than  one 
to  be  selected  from  each  congressional  district,  who,  together 
with  the  state  superintendent  of  education,  shall  constitute 
the  text-book  commission  of  Mississippi.  The  state  super- 
intendent of  education  shall  be  an  ex  officio  member  of  said 
commission,  and  in  no  case  shall  the  person  selected  be  re- 
lated to  the  ex  officio  member  by  affinity  or  consanguinity. 

4595.  Books  selected  to  be  used  for  five  years. — It  shall 
be  the  duty  of  the  said  commission  to  select  and  adopt  a 
uniform  system  or  series  of  text-books  for  use  in  the  public 
schools  of  the  state.  Said  commission  is  hereby  authorized, 
empowered,  and  directed  to  select  and  adopt  said  uniform 
series  of  text-books  for  use  in  the  public  schools  of  the 
state,  and  when  so  selected,  said  books  shall  be  used  for 
a  period  of  five  years  in  all  the  public  schools  of  the  state, 
and  it  shall  be  unlawful  for  any  teacher  of  any  public  school 
in  this  state  to  use  any  book  or  books  upon  the  same  branch 
other  than  those  adopted  by  said  text-book  commission,  ex- 
cept as  hereinafter  provided.  Said  uniform  series  shall 
include  the  following  branches  of  study,  to  wit :  Orthogra- 
phy, reading,  writing,  intellectual  arithmetic,  practical  arith- 
metic, geography,  English  grammar,  composition,  history 
of  the  United  States,  physiology,  civil  government,  elements 
of  agriculture,  and  history  of  the  state  of  Mississippi;  that 
no  history  in  relation  to  the  late  civil  war  between  the  states 
shall  be  used  in  the  schools  of  this  state,  unless  it  be  fair  and 
impartial,  and  such  other  branches  of  school  books  as  may 
be  added  to  the  above  curriculum  by  statute.  Provided,  that 
none  of  said  text-books  so  selected  or  adopted  shall  contain 
anything  of  a  partisan  or  sectarian  character ;  and  provided, 
further,  that  all  text-books  adopted  for  use  in  the  public 
schools  of  the  state  shall  be  printed  in  English,  except  such 


42 

books  as  shall  be  adopted  as  text-books  in  the  study  of  a 
foreign  language. 

4596.  Members  to  be  sworn;  must  not  be  directly  or 
indirectly  interested  in  contracts. — Before  transacting  any 
business  relating  to  the  duties  incumbent  on  the  said  com- 
mission, the  members  thereof  shall  each  take  and  subscribe 
an  oath  to  faithfully  discharge  all  the  duties  devolving  upon 
them  as  members  of  said  commission ;  that  he  has  no  interest, 
direct  or  indirect,  in  any  contract  that  may  be  made  here- 
under ;  that  he  will  receive  no  personal  benefit  or  profit  there- 
from ;  that  he  is  not  in  any  manner  interested  in  any  books 
or  publishing  concern  publishing  any  books  of  the  kind  con- 
templated for  use  in  the  public  schools  of  this  or  any  other 
state;  that  he  will  carefully,  faithfully,  and  conscientiously 
examine  all  books  submitted  for  inspection,  and  will,  to  the 
best  of  his  knowledge  and  ability,  make  the  best  selection 
possible  of  any  and  all  books  to  be  used  in  the  public  schools 
of  the  state. 

4597-  Separate  school  districts  may  adopt  supplemental 
books. — The  trustees  of  any  separate  school  district  may 
select  such  other  supplemental  books  in  addition  to  the  books 
selected  and  adopted  by  the  school  book  commission,  for  use 
in  such  separate  school  districts,  and  the  trustees  of  the 
separate  school  district  may  raise  the  curriculum  above  that 
which  may  be  prescribed  by  law  or  act  of  the  school  book 
commission. 

4598.  How  choice  of  books  made. — The  said  text-book 
commission  shall,  in  making  up  their  choice  for  books  to  be 
used,  take  into  consideration  the  merit  of  each  book  as  to  the 
subject-matter,  the  printing,  binding,  material,  mechanical 
qualities,  and  general  suitability  for  the  purpose  intended, 
as  well  as  the  price  of  said  books.  Said  commission  shall 
select  and  adopt  such  books  as  will,  in  their  best  judgment, 
accomplish  the  ends  desired,  and  they  are  hereby  authorized, 
empowered  and  directed  in  case  they  deem  any  of  the  books 
suitable  and  more  desirable  than  other  books  of  the  same 
class  submitted,  but  the  price  is  unreasonably  high,  and  that 


43 

they  should  be  offered  at  a  lower  price,  they  may  use  their 
discretion  and  judgment  whether  they  shall  adopt  said  book 
or  books,  or  adopt  the  books  next  best  in  the  list  of  books 
submitted. 

4599-  When  commission  to  meet  and  organize;  to  adver- 
tise for  bids. — The  said  text-book  commission  shall  imme- 
diately after  their  selection  meet  and  organize,  and  a  ma- 
jority of  said  commission  shall  constitute  a  quorum  for  the 
transaction  of  business.  As  soon  as  the  commission  shall 
organize  it  shall  advertise  in  such  a  manner  and  in  such 
places  as  is  deemed  desirable,  that  at  a  time  and  place  fixed 
definitely  in  said  advertisement,  sealed  bids  will  be  received 
from  the  publishers  of  school  text-books  for  furnishing 
books  as  herein  provided  to  the  public  schools  of  the  state 
of  Mississippi,  through  agencies  established  by  said  pub- 
lishers in  the  several  counties  of  the  state,  for  a  period 
of  five  years  from  the  date  and  execution  of  the  contract. 
The  bids  or  proposals  shall  be  for  furnishing  the  books  for 
a  period  of  five  years  and  no  longer. 

4600.  What  bids  shall 'specify;  to  be  accompanied  by  speci- 
men copies;  bidders  to  put  up  forfeits;  opening  of  bids. — 
All  bids  shall  state  definitely  the  price  at  which  the  books 
will  sell  at  wholesale  and  retail,  and  shall  be  accompanied 
by  one  or  more  specimen  copies  of  each  and  every  book  to 
be  furnished;  it  shall  be  required  of  each  bidder  to  deposit 
with  the  state  treasurer  such  a  sum  of  money  as  the  com- 
mission may  require,  according  to  the  number  of  books  each 
bidder  may  propose  to  furnish,  and  notice  shall  be  further 
given  in  said  advertisement  that  such  deposit  shall  be  for- 
feited to  the  state  if  the  bidder  making  the  deposit  shall  fail 
or  refuse  to  make  and  execute  such  contract  and  bond  as 
is  hereafter  required,  the  time  to  be  fixed  by  the  commis- 
sion and  so  stated  in  such  advertisement.  All  bids  shall  be 
sealed  and  deposited  with  the  secretary  of  the  commission, 
to  be  delivered  by  him  to  the  commission  when  it  meets 
for  the  purpose  of  considering  said  bids,  and  shall  be  opened 
by  the  secretary  in  the  presence  of  the  commission. 


44 

4601.  Bids  to  be  opened  and  considered  in  executive  ses- 
sion; attorney-general  to  draw  up  contracts. — It  shall  be 
the  duty  of  the  commission  at  the  time  and  place  designated 
in  the  said  advertisement  in  executive  session  to  open  and 
examine  all  sealed  proposals  submitted  and  received  in  pur- 
suance of  the  notice  or  advertisement  as  hereintofore  pro- 
vided; to  examine  and  carefully  consider  all  such  bids  or 
proposals  and  determine  in  the  manner  provided  for  what 
book  or  books  shall  be  adopted,  taking  into  consideration  the 
size,  quality  as  to  subject-matter,  material,  printing,  binding, 
and  the  mechanical  execution  and  the  price  and  general 
suitability  for  the  purpose  desired  and  intended.  After  their 
selection  shall  have  been  made,  the  commission  shall,  by 
registered  letter,  notify  the  publishers  to  whom  the  con- 
tracts have  been  awarded,  and  it  shall  be  the  duty  of  the 
attorney-general  to  prepare  said  contract  or  contracts  in 
accordance  with  the  terms  and  provisions  of  the  law  on  the 
subject  of  text-books,  and  all  contracts  shall  be  executed  by 
the  governor  and  secretary  of  state,  with  the  seal  of  the 
state  affixed  thereto  on  the  part  of  the  state  of  Mississippi, 
and  the  said  contracts  shall  be  executed  in  triplicate,  one 
copy  to  be  kept  by  the  contractor,  one  copy  by  the  secretary 
of  the  commission,  and  copied  in  full  in  the  minute  book  of 
the  commission,  and  one  copy  to  be  filed  in  the  office  of  the 
secretary  of  state.  At  the  time  of  the  execution  of  the 
aforesaid  contract,  the  contractors  shall  enter  into  bond  in 
the  sum  of  not  less  than  ten  thousand  dollars,  payable  to  the 
state  of  Mississippi,  conditioned  for  the  faithful,  honest  and 
exact  performance  of  all  the  terms  of  said  contract,  together 
with  the  payment  of  reasonable  attorney's  fees  in  case  of 
recovery  in  any  suit  upon  the  same,  to  be  approved  by  the 
governor  and  the  attorney-general.  Any  guarantee  com- 
pany authorized  to  do  business  in  the  state  of  Mississippi 
may  become  surety  on  said  bond,  and  there  shall  be  five  or 
more  sureties  on  the  said  bond  who  are  citzens  of  this  state 
and  residents  of  different  counties  therein,  and  in  the  event 
suit  is  brought  on  said  bond  in  any  of  the  state  courts,  and 


45 

the  defendants,  or  any  of  them,  have  the  case  re- 
moved, or  attempt  to  have  the  case  removed,  to  the 
federal  court,  the  said  school  book  commission  may  im- 
mediately cancel  the  contract  and  continue  the  suits  on  the 
bond,  and  it  shall  be  the  duty  of  the  attorney-general  to  so 
write  it  in  the  contract.  And  it  shall  be  the  duty  of  the 
attorney-general  to  prepare  said  bonds  and  approve  same; 
provided,  that  said  bond  shall  not  be  exhausted  by  a  single 
recovery,  but  may  be  sued  on  from  time  to  time  until  the  full 
amount  thereof  shall  have  been  recovered,  and  the  commis- 
sion may,  at  any  time,  by  giving  due  notice  thereof,  require 
additional  security,  if,  in  their  judgment,  it  is  necessary. 

4602.  Forfeit  money  returned  to  unsuccessful  bidders; 
contract  must  be  executed  within  thirty  days. — When  any 
firm  or  corporation  shall  have  been  awarded  a  contract  and 
submitted  therewith  the  bond  as  required,  the  commission 
shall  inform  the  treasurer  of  the  state,  and  it  shall  then  be 
his  duty  to  return  to  such  contractor  the  cash  deposit  made 
by  him,  and  the  commission  shall  furnish  the  treasurer  the 
names  of  the  unsuccessful  bidders,  when  he  shall  return  to 
them  the  amount  deposited  by  them  at  the  time  of  the  sub- 
mission of  their  bid,  but  should  any  firm,  person,  or  corpora- 
tion fail  or  refuse  to  execute  the  contract  and  submit  the 
bond  as  required  hereby,  within  thirty  days  after  the  award- 
ing of  the  contract  to  him,  and  the  mailing  of  the  registered 
letter  containing  the  notice,  the  said  cash  deposit  will  be 
deemed  and  is  hereby  declared  forfeited  to  the  state,  and  it 
shall  be  the  duty  of  the  treasurer  to  place  said  deposit  in 
the  treasury  of  the  state  to  the  credit  of  the  general  school 
fund ;  and  provided,  further,  that  any  recovery  on  the  bond 
of  any  contractor  shall  be  placed  to  the  credit  of  said  fund, 
and  be  pro-rated  among  the  several  counties  of  the  state. 

4603.  Books  furnished  to  be  equal  to  specimen  copies. — 
The  books  furnished  under  any  contract  shall  at  all  times 
during  the   existence   of  the  contract  be  equal  to,   in  all 
respects,  the  specimen  or  sample  copies  furnished  with  bids ; 
and  it  shall  be  the  duty  of  the  state  superintendent  of  edu- 


46 

cation  to  preserve  in  his  office  as  the  standard  of  quality  and 
excellence  to  be  maintained  in  such  books  during  the  con- 
tinuance of  said  contract,  sample  copies  of  all  books  which 
have  been  the  basis  of  any  contract,  together  with  the  origi- 
nal bid,  and  the  contractor  shall  furnish  like  samples  or 
specimen  copies  of  books  to  the  different  county  superin- 
tendents of  education,  which  shall  be  preserved  by  them 
in  like  manner,  and  the  same  shall  always  be  open  to  in- 
spection by  the  public.  The  retail  price  and  the  exchange 
price  of  each  book  adopted  shall  be  either  printed  on  the 
back  or  indelibly  stamped  on  the  first  page.  And  the  com- 
mission shall  not  in  any  case  contract  with  any  person  or 
publisher  for  books  to  be  used  in  the  public  schools  of  the 
state  at  a  price  above  or  in  excess  of  the  price  at  which  such 
book  or  books  are  furnished  by  said  person  or  publisher  to 
any  state,  county,  or  school  district  in  the  United  States 
under  like  conditions  prevailing  in  the  state  and  under  this 
chapter,  as  to  the  method  of  distributing  the  books  to  the 
consumer.  And  it  shall  be  stipulated  in  each  contract  that 
the  contractor  is  not  now  furnishing  under  contract  any 
state,  county  or  school  district  in  the  United  States  where 
like  conditions  as  are  now  prevailing  in  this  state  and  under 
this  chapter,  as  to  the  method  of  distributing  the  books  to 
the  consumers,  the  same  book  or  books  at  a  price  less  than 
the  price  stipulated  in  the  said  contract,  and  the  commis- 
sion is  hereby  authorized  and  directed,  at  any  time  that  they 
may  find  that  any  book  is  being  furnished  at  a  lower  price 
under  contract  to  any  state,  county,  or  school  district  as 
aforesaid,  to  sue  upon  the  bond  of  said  contractor  for  the 
recovery  of  the  difference  between  the  contract  price  and 
the  lower  price  at  which  they  find  the  book  or  books  have 
been  sold,  and  should  any  contractor  fail  to  execute  the 
terms  and  provisions  of  his  contract  specifically,  said  com- 
mission is  hereby  authorized,  empowered  and  directed  to 
bring  suit  in  the  name  of  the  state  of  Mississippi  upon  the 
bond  of  such  contractor  for  the  recovery  of  all  damages  for 
the  benefit  of  the  public  school  fund,  but  nothing  herein 


47 

provided  shall  be  construed  so  as  to  prevent  said  commis- 
sion and  any  contractor  from  ageeing  in  any  manner  to 
change,  alter  or  amend  any  contract,  provided  eight  members 
of  said  commission  shall  agree  and  think  it  advisable  and 
for  the  best  interests  of  the  public  schools  of  the  state  to 
make  such  change,  alteration  or  amendment. 

4604.  State  not  liable  to  any  contractor. — It  shall  always 
be  a  part  of  the  terms  and  conditions  of  every  contract 
made  in  pursuance  of  this  chapter  that  the  state  of  Missis- 
sippi shall  not  be  liable  to  any  contractor,  in  any  manner, 
for  any  sum  whatsoever,  but  all  such  contractors  shall  re- 
ceive their  pay  and  compensation  solely  and  exclusively 
from  the  proceeds  of  the  sale  of  books  as  herein  provided. 

4605.  Bids  may  be  rejected. — The  said  text-book  com- 
mission shall  have  and  reserve  the  right  to  reject  any  and  all 
bids  or  proposals  if  they  shall  be  of  the  opinion  that  same 
should  be  rejected.    And  in  case  they  fail  to  select  or  adopt 
any  book  or  books  upon  any  of  the  branches  mentioned  in 
a  previous  section  of  this  chapter  from  among  the  bids  or 
proposals  submitted,  they  may  re-advertise  for  sealed  bids  or 
proposals  under  the  same  terms  or  conditions  as  before,  and 
proceed  in  their  investigation  in  all  respects  as  they  did  in 
the  first  instance  and  as  required  in  the  terms  and  pro- 
visions herein  set  forth.     And  it  is  provided  further  that 
any  person,  firm  or  corporation  now  doing  business  or  pro- 
posing to  do  business  in  the  state  of  Mississippi  shall  have 
the  right  to  bid  for  the  contract  to  be  awarded  under  this 
chapter,  and  may  submit  in  writing  bid  or  bids  to  edit  or 
have  edited,  published  and  supply  for  use  in  the  public 
schools  in  this  state  any  book  or  books  herein  provided  for, 
or  they  may  submit  books  the  equal  of  which  in  every  way 
they  propose  to  furnish,  and  they  shall  accompany  their  bid 
with  the  cash  deposit,  and  execute  a  contract  and  bond  and 
be  subject  to  the  same  conditions  and  restrictions  as  here- 
inbefore provided. 

4606.  Contractor   to   establish   book    depositories. — The 
successful  bidder  or  contractor  shall  establish  and  maintain 


48 

one  or  more  depositories  in  this  state,  to  be  designated  by 
the  commission,  where  a  stock  or  supply  of  the  books 
sufficient  to  meet  all  the  immediate  demands  shall  be  kept. 
There  shall  also  be  maintained  in  each  county  in  this  state 
two  or  more  agencies  for  the  distribution  of  the  books  con- 
tracted for,  and  that  they  shall  sell  to  all  persons  desiring 
to  purchase  said  books,  to  the  patrons  of  the  public .  schools, 
and  the  contractor  may  make  arrangements  with  a  book- 
seller or  merchant  to  handle  and  distribute  the  books  at  the 
places  specified  for  said  distribution,  provided  that  one  of 
the  distributing  points  shall  be  the  county  site  or  sites, 
where  there  are  two,  of  the  county.  All  books  shall  be  sold 
to  the  consumer  at  the  retail  contract  price,  and  in  each 
book  shall  be  printed  the  following:  "The  price  fixed 
hereon  is  by  state  contract,  and  any  excess  thereon  should 
be  reported  to  the  county  superintendent  or  to  the  state 
superintendent  of  education  at  Jackson,  Miss." 

4607.  Damages  for  failure  to  meet  demand  for  books. — 
It  is  expressly  provided  that  should  any  contractor  fail  to 
furnish  the  books  sufficient  to  meet  the  demand  and  at  the 
prices   designated,   or  otherwise   fail   to  comply  with  the 
contract,  in  addition  to  the  right  of  the  state  to  sue  on  the 
bond  as  hereinbefore  required,  the  county  superintendent 
of  education  in  any  county  of  the  state  where  such  breach 
of  contract  may  be  made,  may  bring  suit  for  damages  in 
the  name  of  the  state  of  Mississippi  in  the  proper  court  of 
the  county  wherein  he  resides,  for  the  use  and  benefit  of 
the  school  fund  of  the  county,  and  in  all  cases  arising  here- 
under  service  of  process  may  be  had  and  deemed  sufficient 
on  any  agent  of  the  contractor  in  this  state. 

4608.  Commission  to  enforce  provisions. — Said  commis- 
sion may  make  any  necessary  regulations  not  contrary  to 
the  provisions  herein  mentioned  to  secure  the  prompt  dis- 
tribution of  the  books  herein  provided  for,  and  the  prompt 
and  faithful  execution  of  all  contracts,  and  it  is  expressly 
provided  that  said  commission  shall  maintain  its  organiza- 


49 

tion  during  the  five  years  of  the  continuance  of  this  con- 
tract. 

4609.  State    superintendent    to    notify   county  superin- 
tendents.— As  soon  as  practicable  after  the  adoption  of  the 
text-books  the  state  superintendent  shall  issue  a  circular 
letter  to  each  of  the  county  superintendents  of  education 
in  this  state,  and  to  such  teachers  and  other  persons  as  lie 
may  desire,  stating  the  list  of  books  adopted,  the  prices, 
location  of  agencies,  and  such  other  information  as  he  may 
deem  necessary. 

4610.  Books  adopted  to  supplant  all  others;  exceptions. — 
The  books  adopted  as  a  uniform  series  of  text-books  shall  be 
introduced  and  used  as  text-books  to  the  exclusion  of  all 
others  in  the  public  schools  of  this  state,  and  continue  to  be 
used  for  five  years  as  said  text-books,  except  as  herein  pro- 
vided for  the  change  of  said  books  as  the  commission  may 
deem  advisable  for  the  best  interests  of  the  public  schools 
of  this  state ;  provided,  that  nothing  in  this  chapter  shall  be 
construed  to  prevent  the  use  of  supplementary  books,  but 
such  supplementary  books  shall  not  be  used  to  the  exclusion 
of  the  books  adopted  under  the  provisions  of  this  chapter; 
provided,  further,  that  nothing  herein  provided  shall  prevent 
the  teaching  in  any  of  the  public  schools  of  this  state  any 
branch  higher  or  more  advanced  than  is  embraced  in  any 
previous  section  of  this  chapter,  nor  the  using  of  any  books 
upon  such  higher  branch  of  study;  provided,  that  such 
branch  shall  not  be  taught  to  the  exclusion  of  the  branches 
mentioned  and  set  forth. 

4611.  Penalty  for  violating  text-book    provisions. — Any 
person  violating  the  provisions  of  the  law  on  the  subject  of 
uniform  text-books  shall  be  guilty  of  a  misdemeanor,  and, 
upon  conviction,  be  punished  by  a  fine  of  not  less  than  ten 
dollars  nor  more  than  fifty  dollars. 

4612.  Penalty  for  teaching  other  books. — Any    teacher 
who  shall  use  or  permit  to  be  used  in  his  or  her  school  any 
text-book  upon  the  branches  embraced  in  this  chapter  other 
than  the  ones  adopted  by  said  text-book  commission  upon 


50 

said  branch  as  hereinbefore  provided,  shall  be  guilty  of 
a  misdemeanor,  and,  upon  conviction,  shall  be  punished  as 
provided  for  in  the  preceding  section. 

4613.  Penalty  for  demanding  more  than  contract  price. — 
If  any  local  agent,  clerk,  dealer,  or  other  person  handling 
or  selling  the  books  adopted  under  the  provisions  of  this 
law  shall  demand  or  receive  in  cash  more  than  the  contract 
price  for  any  of  the  books  herein  provided  for,  he  shall  be 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall,  for 
each  offense,  be  punished  by  a  fine  of  not  less  than  fifty 
dollars  nor  more  than  five  hundred  dollars. 

4614-  Commission  to  keep  a  journal  of  its  proceedings. — 
The  commission  is  required  to  keep  a  journal  of  its  proceed- 
ings, which  journal  shall,  at  the  close  of  each  meeting,  be 
signed  by  the  president  and  secretary  of  the  commission,  and 
when  the  text-books  shall  have  been  adopted  according  to 
the  provisions  of  this  chapter,  the  journal  shall  be  filed  in 
the  office  of  the  secretary  of  state,  and  a  separate  journal 
shall  be  kept  of  subsequent  meetings,  which  journal  shall  be 
filed  in  the  office  of  the  secretary  of  state. 

4615.  Commission  cannot  extend  contract. — The  members 
of  the  commission  provided  for  by  section  4594  shall  hold 
their  office  for  five  years  from  the  date  of  their  appoint- 
ment and  until  their  successors  are  duly  appointed    and 
qualified,  and  shall  have  no  power  to  extend  any  contract 
made  by  them,  but  their  successors,  duly  appointed    and 
qualified  as  provided  for  by  section  4594,  shall  be  author- 
ized and  directed  to  execute  a  new  contract  on  the  same 
terms  and  conditions  as  is  provided  hereunder. 

4616.  Members  of  commission  not  to  accept  employment 
or  receive  gifts  or  donations  from  book  dealers;  penalty. — 
It  shall  be  unlawful  for  any  member  of  the  school  book 
commission  during  the  term  of  his  appointment  or  office  to 
accept  or  receive  from  any  school  book  company,  firm,  cor- 
poration, or  agent,  any  employment,  retainer,  compensation, 
reward,  emolument,  gift,  or  donation  directly  or  indirectly, 
except  books  actually  submitted   for  inspection  with  the 


51 

bona  fide  view  of  securing  their  adoption;  and  it  shall  be 
unlawful  for  any  school  book  company,  firm,  corporation  or 
agent  to  employ  or  retain  or  offer  to  employ  or  retain  any 
member  of  such  commission,  or  to  pay  or  to  offer  to  pay 
any  compensation,  reward,  or  emolument  to  any  member  of 
such  commission,  or  to  give  or  offer  to  give  any  donation  to 
any  member  of  such  commission,  except  books  or  school 
apparatus  actually  submitted  for  inspection,  with  the  bona 
fide  view  of  securing  their  adoption.  Any  violation  of  this 
section  shall  be  punishable  by  a  fine  of  not  more  than  one 
thousand  dollars  or  by  imprisonment  in  the  penitentiary 
for  not  more  than  two  years,  or  both. 

4617.  Exchange  price  of  books. — The  exchange  price  be- 
tween old  books  and  new  books  of  the  same  or  similar  grade 
shall  be  not  more  than  fifty  per  centum  of  the  retail  contract 
price  of  such  new  books. 

4618.  Compensation  and  mileage  of  commissioners. — The 
superintendent  of  public  education  shall  serve  on  the  com- 
mission without  compensation,  a.nd  the  other  members  of 
the  commissoin  shall  be  paid  the  sum  of  five  dollars  per  day 
during  the  time  they  are  actually  employed,  not  to  exceed 
thirty  days,  and,  together  with  the  superintendent  of  pub- 
lic education,  shall  receive  ten  cents  a  mile  for  each  mile 
actually  traveled  from  their  homes  to  the  place  of  meeting 
and  return,  and  all  necessary  expenses  for  advertising,  to 
be  paid  out  of  the  general  school  fund,  and  they  shall  each 
make  and  swear  to  a  statement  of  the  number  of  miles 
traveled,  and  the  number  of  days  actually  employed. 

4619.  When  contract  forfeited. — In  case  of  the  failure 
of  any  contractor  to  furnish  the  books  provided  for  in  his 
contract,  then  his  bond  shall  be  declared  forfeited,  and  the 
commission   is  authorized  and  empowered  to  make  such 
other  contract  for  the  unexpired  term  with  any  person,  firm 
or  corporation  to  provide  and  furnish  such  books  as  they 
may  deem  advisable  for  the  best  interest  of  the  state. 

4620.  When  commissioners  shall  be  disqualified  to  vote 
on  contracts. — If  any  person  related  within  the  third  degree 


52 

by  blood  or  marriage  to  any  member  of  the  school  book 
commission,  or  is  associated  in  any  business  or  partner- 
ship with  any  member  of  said  commission,  shall  be  em- 
ployed in  good  faith  by  any  school  book  company,  firm,  cor- 
poration or  agent  in  connection  with  the  adoption  of  school 
books  in  this  state,  the  member  of  said  commission  so  related 
by  blood  or  marriage,  or  so  associated  in  business  with  such 
person,  shall  not  vote  for  the  adoption  of  any  school  book 
offered  for  adoption  by  such  school  book  company,  firm, 
corporation  or  agent. 

4621.  (4072)   General  provisions;  obedience  to  teachers. 
— All  pupils  must  comply  with  the  regulations,  pursue  the 
required  course  of  study,  and  submit  to  the  authority  of 
the  teachers  of  schools. 

4622.  (4073)  Damage  to  school  property. — A  pupil  who 
wilfully  cuts,  defaces,  or  otherwise  injures  any  school-house 
or  the  fences  or  out-buildings  or  shade  trees  thereof,  is  lia- 
ble to  suspension  or  expulsion ;  and  the  parents  or  guardians 
of  such  pupils  shall  be  liable  for  all  damages. 

4623.  (4074)   General  rules  for  teachers. — Every  teacher 
in  a  public  school  must,  before  taking  charge  of  a  school 
and  one  week  before  closing    a  term,  notify  the  county 
superintendent  of  the  fact,  naming  the  day  of  opening  or 
closing;  must  enforce  the  course  of  study,  the  use  of  text- 
books, and  the  rules  and  regulations  prescribed  for  schools  j 
and  must  hold  pupils  to  a  strict  account  for  disorderly  con- 
duct on  the  way  to  or  from  school,  on  the  playgrounds,  or 
during  recess ;  suspend  for  good  cause  any  pupil  from  the 
school,  and  report  such  suspension  to  the  board  of  trustees 
for  review.     If  his  action  be  not  sustained  by  them,  the 
teacher  may  appeal  to  the  county  superintendent,  whose 
decision,  if  against  the  teacher,  shall  be  final. 

•  4624.  (4075)  Trustees,  etc.,  not  interested  in  contracts. — 
Neither  a  school  trustee  nor  a  member  of  the  board  of  edu- 
cation, county  school  board,  or  committee  to  select  text- 
books must  be  interested  in  any  contract  made  in  pursuance 


53 

of  this  chapter;  and  any  contract  made  in  violation  of  this 
provision  is  void. 

4625.  (4076)  Criminal  to  abuse  teachers  or  disturb  school. 
— A  parent,  guardian,  or  other  person  who  shall  insult  or 
abuse  any  teacher  in  the  presence  of  the  school  shall  be 
guilty  of  a  misdemeanor,  and  be  liable  to  a. fine  of  not  less 
than  ten  dollars  nor  more  than  fifty  dollars.     Any  person 
who  shall  wilfully  disturb  any  public  school  or  any  public 
school  meeting  shall  be  guilty  of  a  misdemeanor,  and  liable 
to  a  fine  of  not  less  than  ten  dollars  nor  more  than  fifty 
dollars. 

4626.  (4077)   Officers,  trustees,  and  teachers  not  to  specu- 
late in  books,  etc. — If  a  public  officer  of  this  state,  or  of  any 
district,  county,  county  district,  city,  town,  or  village  thereof, 
or  any  teacher  or  trustee  of  any  public  school  shall  be  in- 
terested in  the  sale,  proceeds  or  profits  of  any  books,  appa- 
ratus, or  furniture  to  be  used  in  any  public  school  of  this 
state,  he  shall  be  guilty  of  a  misdemeanor,  and,  on  convic- 
tion, shall  be  fined  not  less  than  two  hundred  dollars  nor 
more  than  five  hundred  dollars. 

4627.  (4078)   Outstanding   school   indebtedness     (Laws 
1896,  ch.  in). — In  any  county  where  there  are  outstand- 
ing school  warrants  or  indebtedness  due  teachers  for  teach- 
ing in  the  public  schools,  the  board  of  supervisors  shall 
inquire  into  the  justness  of  such  unpaid  claims,  and  if  they 
believe  it  to  be  right  and  proper  for  the  same  to  be  paid, 
they  may  take  up  and  cancel  the  same  and  cause  a  war- 
rant to  issue  to  the  proper  person  on  any  county  funds  in 
the  treasury  for  such  amount  as  they  may  determine  to  be 
justly  due.     In  counties  where  such  outstanding  indebted- 
ness exists,  and  no  funds  on  hand  to  pay  it,  the  boards  of 
supervisors  of  such  counties  may  make  a  special  levy,  not 
to  exceed  one  mill  in  any  one  year  to  pay  the  same. 

4628.  To   pay  school   teachers  where  deficit  occurs  in 
school  funds  in  certain  cases — In  any  county  where  public 
schools  have  been  taught  and  the  teachers  have  not  all  been 
paid,  and  the  sureties  on  the  official  bond  of  the  county 


54 

superintendent  of  public  education  have  paid  the  full  pen- 
alty of  the  bond  into  the  county  treasury,  any  teacher  who 
has  taught  a  school  under  employment  of  the  county  super- 
intendent, and  has  not  been  paid  in.  full  for  services  as  such 
teacher,  may  file  with  the  board  of  supervisors  a  claim 
against  the  coimty  for  the  balance  due,  and  the  board  of 
supervisors  may  examine  all  such  claims  and  allow  such  as 
it  may  deem  just,  and  authorize  the  same  to  be  paid  out  of 
any  general  county  funds  in  the  hands  of  the  county  treas- 
urer. 

4629.  School  libraries. — When  any  public  free  school  in 
this  state  shall  raise  ten  dollars  by  subscription  or  otherwise 
for  a  library  for  such  school,  and  shall  furnish  a  suitable 
bookcase  with  lock  and  key,  the  superintendent  of  education 
of  the  county  where  such  subscription  is  raised  may  issue 
his  certificate  for  ten  dollars  in  favor  of  said  school,  to  be 
paid  out  of  the  common  school  fund  of  that  county;  but  in 
no  case  shall  the  amount  given  by  the  county  in  any  year 
exceed  one  hundred  dollars ;  provided,  that  no  school  shall 
receive  a  second  donation  from  the  school  fund  for  library 
purposes  so  long  as  there  are  any  new  applications  from 
schools  that  have  not  been  supplied. 

4630.  Library   commission. — The  county   superintendent 
of  education  shall  name  two  first  grade  teachers,  who,  to- 
gether with  the  county  superintendent  of  education,  shall 
constitute  a  county  library  commission,  and  it  shall  be  the 
duty  of  this  commission  to  name  a  list  of  books  suited  for 
school  libraries,  and  all  books  purchased  under  this  provision 
shall  be  selected  from  this  list.    It  shall  be  the  duty  of  this 
commission  to  make  rules  and  regulations  to  govern  and 
control  the  use  of  such  libraries  in  the  county,  and  shall 
name  a  local  manager  for  each  library,  who  shall  make  a 
report  every  year  to  the  county  commission  of  all  books 
purchased  during  the  year,  of  the  money  on  hand  at  the 
time  of  the  report,  together  with  the  amount  expended  for 
library  purposes.     The  county  superintendent  shall  keep  a 
list  of  books  purchased  by  the  several  li&raries  of  his  county 
and  make  a  library  report  to  the  state  superintendent  of 
education  biennially  with  the  county  school  report. 


CHAPTER  137 


Superintendent  of  Public  Education 


( County ) 


CHAPTER  137. 

SUPERINTENDENT  OF  PUBLIC  EDUCATION    ( COUNTY). 

4809.  (4257)  Designation  and  qualifications — There  shall 
be  a  superintendent  of  public  education  in  each  county,  who 
shall  be  elected  by  the  people,  whose  term  of  office  shall  be 
for  four  years.    Before  anyone  shall  be  elected  to  the  office 
he  shall  have  attained  the  age  of  twenty-one  years,  and 
shall  be  a  qualified  elector  and  a  resident  citizen  of  the  state 
for  four  years  and  of  the  county  for  two  years  immediately 
preceding  his  election,  and  shall  have  passed  the  examination 
provided  for  in  the  section  following  the  next  one  and  have 
received  a  certificate  accordingly. 

4810.  (4258)  Elected  in  all  counties. — County  superin- 
tendents of  education  shall  be  elected  at  the  same  time  and 
in  the  same  manner  as  other  county  officers  are  elected, 
and  a  vacancy  occurring  in  said  office  shall  be  filled  in  the 
manner  provided  by  law  for  the  filling  of  vacancies  in  other 
county  offices. 

4811.  (4259)  How  examined. — All  applicants  or  candi- 
dates for  the  office  of  county  superintendent  shall  pass  an 
examination  on  the  branches  required  for  first  grade  license, 
and  in  addition  on  the  art  of  teaching.     The  examination 
shall  be  held  in  the  county  of  the  applicant  by  the  state  board 
of  examiners,  under  regulations  passed  by  the  state  board 
of  education.     Candidates  or  applicants  who  prefer  to  take 
the  examination  at  Jackson  can  do  so  by  giving  the  super- 
intendent of  education  ten  days'  notice  by  registered  letter. 

4812.  (4260)   Oath  of  office  and  bond   (Laws   1886,  p. 
81). — The  county  superintendent  shall,  before  entering  upon 
the  duties  of  his  office,  take  the  oath  of  office,  and  give  bond 
with  two  sureties,  in  the  penal  sum  of  not  less  than  five 
hundred  dollars  nor  more  than  two  thousand  dollars,  pay- 
able to  the  state,  conditioned  for  the  faithful  performance 


58 

of  his  duties,  the  amount  of  said  bond  to  be  fixed  by  the 
board  of  supervisors;  and  in  case  the  superintendent  fail 
to  give  the  required  bond  within  thirty  days  after  his  term 
of  office  begins,  when  appointed,  the  office  shall  be  vacant. 
48 Jj.  (4261)  Shall  have  an  office,  etc. — The  county 
superintendent  shall  keep  an  office  at  the  county  seat  of  the 
county,  which  shall  be  provided  for  him,  and  furnished  with 
such  furniture  as  may  be  needed,  by  the  board  of  super- 
visors, and  allowed  and  paid  for  out  of  the  school-fund. 
(See  Sec.  4499.) 

4814.  (4262)  Shall  keep  records. — The  county  superin- 
tendent shall  keep  a  record  of  all  of  his  official  acts,  in  the 
manner  and  form  prescribed  by  law,  and  conform  the  man- 
ner of  its  keeping  to  the  recommendations  and  directions 
of  the  state  superintendent  of  education;  and  he  shall  pre- 
serve faithfully  all  reports  of  school-officers  and  teachers, 
and,  at  the  close  of  his  official  term,  deliver  to  his  successor 
all  records,  books,  documents,  and  papers  belonging  to  the 
office,  taking  a  receipt  for  the  same,  which  shall  be  filed  in 
the  office  of  the  clerk  of  the  circuit  court ;  and  he  shall  per- 
form such  other  duties  as  may  be  prescribed  by  law. 

4815.  (4263)  Not  to  teach  school. — A  county  superin- 
tendent of  public  education  shall  not  teach  in  any  school 
during  his  term  of  office. 

4816.  (4264)   Office  expenses. — The  cost  of  the  neces- 
sary books,  fuel,  office  furniture,  printing,  stationery  and 
postage  used  by  the  superintendent  of  education  in  the  dis- 
charge of  his  official  duties,  shall  be  paid  for  on  the  allow- 
ance of  the  board  of  supervisors  out  of  the  county  treasury ; 
but  an  allowance  therefor  shall  not  be  made  until  an  item- 
ized account  is  presented,  with  the  affidavit  of  the  superin- 
tendent attached,  averring  its  correctness. 


CHAPTER  138 


.    Superintendent  of  Public  Education 


( State ) 


61 


CHAPTER  138. 

SUPERINTENDENT  OF  PUBLIC  EDUCATION    ( STATE). 

4817.  (4265)   Official  bond,  etc — The  superintendent  of 
public  education  shall  keep  his  office  in  the  capitol,  and  shall 
give  bond  in  the  penalty  of  five  thousand  dollars,  with  two 
or  more  sufficient  sureties,  to  be  approved  by  the  governor, 
conditioned  according  to  law;  and  said  bond,  when  ap- 
proved, shall  be  filed  and  recorded  in  the  office  of  the  secre- 
tary of  state. 

4818.  (4266)   The  same;  seal  of  office. — He  shall  pro- 
vide and  keep  a  seal  having  around  the  margin  the  words, 
"State  Superintendent  of  Public  Education  of  Mississippi," 
with  such  device  in  the  center  as  he  may  select;  and  all  of 
his  official  acts  shall  be  authenticated  thereby. 

4819.  (4267)   General  supervision  of  schools;  to  preside, 
etc.;  to  visit  schools,  etc. — The  superintendent  of  public 
education  shall  have  general  supervision  of  the  public  free 
schools,  and  may  prescribe  such  rules  and  regulations  for 
the  efficient  organization  and  conducting  of  the  same  as  he 
may  deem  necessary.    He  shall  preside  over  all  meetings  of 
the  board  of  education,  and  shall  solicit  reports  from  all 
the  public  and  private  educational  institutions  of  the  state. 

4820.  (4268)   To  preserve  books,   etc. — He  shall    have 
bound  and  preserve  in  his  office,  as  the  property  of  the 
state,  all  such  school-documents  from  other  states  and  gov- 
ernments, books    or    pamphlets    on    educational    subjects, 
school-books,  apparatus,  maps,  charts,  and  the  like  as  shall 
be  or  have  been  purchased  or  donated  for  the  use  of  his 
office. 

4821.  (4269)   To  apportion  the  state  school  fund,  etc — 
The  superintendent  of  public  education  shall  apportion  the 


62 

state  common  school-fund  to  the  several  counties  and  sepa- 
rate school-districts.  The  apportionment  shall  be  made 
semi-annually,  and  shall  be  based  upon  the  number  of  edu- 
cable  children  enumerated,  as  provided  by  law,  in  the  coun- 
ties and  separate  school-districts  respectively.  He  shall  fur- 
nish the  auditor  with  a  certified  copy  of  the  apportionment, 
and  he  shall  also  give  a  copy  thereof  to  the  state  treasurer, 
the  superintendent  of  public  education  of  each  county,  each 
county  treasurer,  and  treasurer  of  each  separate  school- 
district. 

4822.  (4270)  Not  to  be  interested  in  school-books^  etc. — 
The  superintendent  of  public  education  shall  not  act  as 
agent  for  any  author,  publisher,  or  book-seller,  nor  directly 
or  indirectly  receive  any  gift,  emolument,  or  reward  for  his 
influence  in  recommending  or  procuring  the  use  of  any 
books,  school-apparatus,  or  furniture,  of  any  kind  what- 
ever in  any  of  the  public  schools  of  the  state;  and  should 
the  superintendent  of  public  education  violate  this  section, 
he  shall  be  removed  from  office,  and  forfeit  all  moneys  due 
him  from  the  state. 

4823.  (4271)  Reports  to  be  made  to  the  legislature. — On 
or  before  the  tenth  day  of  January  in  each  year  in  which 
the  legislature  meets  in  regular  or  special,  not  extraordinary 
session,  the  superintendent  of  public  education  shall  prepare 
and  have  printed  a  biennial  report,  showing — 

(a)  The   receipts   and   disbursements    of    the    common 
school- fund ; 

(b)  The  number  of  school-districts,  schools,  teachers  em- 
ployed, and  pupils  taught  therein,  and  the  attendance  of 
pupils,  and  studies  pursued  by  them; 

(c)  The  financial  condition  of  the  schools,  their  receipts 
and  expenditures,  value  of  school-houses  and  property,  cost 
of  tuition,  and  salaries  of  teachers ; 

(d)  The  condition,  educational  and  financial,  of  the  nor- 
mal and  higher  institutions  connected  with  the  school-system 
of  the  state,  and,  as  far  as  it  can  be  ascertained,  of  the  pri- 
vate schools,  academies,  and  colleges ;  and 


63 

(e)  Such  general  matters,  information,  and  recommenda- 
tions relating  to  the  educational  interests  as  he  may  deem 
important. 

4824.  (4272)   To  keep  record  of  official  acts;  may  employ 
stenographer. — The  superintendent  shall  keep  a  complete 
record  of  all  his  official  acts,  and  the  acts  of  the  board  of 
education.    He  may  employ  a  stenographer  or  other  clerical 
assistant  who  shall  be  under  his  control  and  direction  and 
may  be  removed  by  him  for  cause  and  another  employed. 

4825.  A  trustee  of  university  and  colleges  (Laws  1896, 
ch.  115). — The  state  superintendent  of  education  shall  be 
and  is  hereby  made  -a  trustee,  ex  officio,  of  the  state  univer- 
sity, the  agricultural  and  mechanical  college,  the  industrial 
institute  and  college,  and  Alcorn  A.  and  M.  college.    And 
he  shall  have  the  same  powers  and  perform  the  same  duties 
as  other  trustees  of  said  institutions  of  learning. 


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